Dilemma of Disclosing Pending Criminal Accusation to Employer in Investment Banking

I have been implicated in a false BNS 74, 79 case, with an FIR filed as \'unknown\'. During this period, I was interviewing for software engineering roles and eventually secured a job at a major investment bank.

At the time of the initial legal declarations and background checks, I had only received a BNSS 35(3) notice and had applied for anticipatory bail. The disclosure form asked, \"Do you currently have any open arrest record or pending criminal accusation against you?\" After consulting with my lawyer, I checked \'No\'. During the background verification (BGV), nothing was found related to this. While the process was ongoing, my anticipatory bail was granted. However, one week before my joining date and after the BGV was completed, the police filed a chargesheet against me with a trial date set for next year.

Now, my employer is asking for another declaration. My lawyer has advised me to comply as these banks occasionally conduct random BGVs for employees after hiring.

I\'m currently facing a dilemma. Should I declare and risk termination, as from my understanding, these banks avoid any reputational risk? Or should I withhold the information and hope that no BGV is triggered in the next 3-4 years while I am considering my next career move?

In such a situation, it is important to weigh the potential consequences of both choices. If you decide to disclose the information, there is indeed a risk that the employer might terminate your employment due to the potential reputational risk. However, keeping this information hidden could lead to severe consequences in the future, especially if the employer finds out about the situation through another background verification check.

The best course of action would be to follow your lawyer's advice and disclose the situation to your employer. It's important to explain the circumstances carefully, emphasizing that the charges are false, that you have received anticipatory bail, and that you are actively fighting the case.

This will demonstrate your integrity and honesty, which are important values in any profession. Also, note that many organizations have policies in place to protect employees who are facing legal issues, especially if they are not related to their professional life.

While the outcome of this situation is uncertain, it's crucial to handle this with transparency and honesty. Remember, your credibility and professional integrity are at stake.

Here is a step-by-step guide on how you can approach this situation:

1. Prepare a detailed explanation about the case, focusing on the fact that the charges are false.
2. Consult with your lawyer about the best way to present this information.
3. Schedule a meeting with your reporting manager or HR, whichever is appropriate as per your company's policy.
4. During the meeting, explain the situation in detail, using the prepared notes.
5. Emphasize that you are actively fighting the charges and that you have received anticipatory bail.
6. Ask for their advice and support, expressing your desire to continue working and contributing to the company.
7. Follow up with an email summarizing the discussion and next steps, if any.

Remember, every organization values transparency, honesty, and integrity. By taking this approach, you are demonstrating all these qualities, regardless of the outcome.

While Section 79 of BNS is a bailable offence Section 74 is a serious matter and if convicted could result in 3 years jail sentence. In this case you have hardly a choice, in case you don't disclose you are taking a huge risk and when it gets reported then there is no escape route. The suggestion is to talk to your afvocate and try to get a favourable order like anticipatory or regular bail or a stay against trial or discharge or try to settle the matter with the opposite party and then disclose it to your employer.