Hi,
I am working in a software company. A year back, I was filed with an FIR relating to Section 328 (kutka and pan masala related case). My dad was running a shop. Can I change to another company if the case has not been closed? Also, they are asking me to come to the station as I have been charged under Section 110, so I need to come with surety.
They are adding many sections due to Section 328. Is it possible to disclose the Section 328 case by paying a fine?
From India, Erode
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I am working in a software company. A year back, I was filed with an FIR relating to Section 328 (kutka and pan masala related case). My dad was running a shop. Can I change to another company if the case has not been closed? Also, they are asking me to come to the station as I have been charged under Section 110, so I need to come with surety.
They are adding many sections due to Section 328. Is it possible to disclose the Section 328 case by paying a fine?
From India, Erode
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The charges are serious, and the punishment is 10 years of imprisonment and a fine as per Section 328 of the Indian Penal Code (IPC).
According to section 328 of the IPC, whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating, or unwholesome drug, or other thing with the intent to cause harm to such person, or with the intent to commit or facilitate the commission of an offense or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to a fine.
Probably, you are charged with abetment for it under Section 110, and the punishment is the same.
Though you have been informed of only a fine as the punishment, it appears there is an attempt to misguide you. If you accept the charges, the chances of it ending with a fine alone are not there. It is advisable to consult an advocate of standing in the local court before deciding on the course of action.
From India, Mumbai
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1593According to section 328 of the IPC, whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating, or unwholesome drug, or other thing with the intent to cause harm to such person, or with the intent to commit or facilitate the commission of an offense or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to a fine.
Probably, you are charged with abetment for it under Section 110, and the punishment is the same.
Though you have been informed of only a fine as the punishment, it appears there is an attempt to misguide you. If you accept the charges, the chances of it ending with a fine alone are not there. It is advisable to consult an advocate of standing in the local court before deciding on the course of action.
From India, Mumbai
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Eventhough I am not running the shop, the name of the shop is under my father's name, including the GST number which is also registered in his name. If we pay a fine, will it be linked to my Aadhaar? Will this information show up in background checks for my entire life? Additionally, can you suggest a domain in IT where these types of cases are not heavily considered?
From India, Erode
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From India, Erode
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It appears that the matter is under investigation and yet to be committed to the Court. The particulars regarding the registration of FIR, etc., cannot be accessed through documents such as Aadhar. In a new employment scenario, there could be a problem if you are required to disclose information about criminal cases.
However, in the strict legal sense, a criminal proceeding cannot be said to have been set in motion until the Police submit the final report and the Court frames the charges. It is uncertain whether private employers apply the same rigor during the Background Verification (BGV) process.
From India, Kochi
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However, in the strict legal sense, a criminal proceeding cannot be said to have been set in motion until the Police submit the final report and the Court frames the charges. It is uncertain whether private employers apply the same rigor during the Background Verification (BGV) process.
From India, Kochi
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf
Background Verification Form.doc