Hi Team,
For one of my friend's wives, she filed a police complaint (F.I.R) under IPC 406, 420, and 506. This case was filed solely for the sake of money. The case went to trial in court, and he was acquitted of all charges. Subsequently, they filed for divorce, and he paid her alimony.
Now, he is switching companies and applying for a job in an MNC. Will this case affect his background check? What precautions need to be taken in this situation?
From India, Mumbai
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For one of my friend's wives, she filed a police complaint (F.I.R) under IPC 406, 420, and 506. This case was filed solely for the sake of money. The case went to trial in court, and he was acquitted of all charges. Subsequently, they filed for divorce, and he paid her alimony.
Now, he is switching companies and applying for a job in an MNC. Will this case affect his background check? What precautions need to be taken in this situation?
From India, Mumbai
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He will have to disclose material details of case=case number charges,details of acquittal in his declaration to MNC. Should not affect his chances as he has been acquitted by the court.
From India, Pune
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3251From India, Pune
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Dear friend,
Your friend has faced two issues. One is the FIR under the various sections of IPC, and the other is legal separation. Since you say that the friend has been acquitted of all charges, this settles the matter. Hope the case is closed by now and there is no need to make any disclosure on this count. If the case was ongoing, then only the disclosure would have mattered; otherwise, not. There is no need to delve into one's past.
The second challenge is about divorce. This is the personal matter of the employee. If the divorce case is also closed, then all that is required is just to mention the marital status as "divorcee". In fact, in western countries, a job candidate is not required to mention marital status as the selection does not take place based on that attribute. However, it is a typical habit of Indians to pry into one's personal matters, and this extends to the job candidate's CV as well. In ordinary Indian companies, even marital status as "divorcee" is also seen suspiciously or considered as something odd.
Thanks,
Dinesh Divekar
From India, Bangalore
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Your friend has faced two issues. One is the FIR under the various sections of IPC, and the other is legal separation. Since you say that the friend has been acquitted of all charges, this settles the matter. Hope the case is closed by now and there is no need to make any disclosure on this count. If the case was ongoing, then only the disclosure would have mattered; otherwise, not. There is no need to delve into one's past.
The second challenge is about divorce. This is the personal matter of the employee. If the divorce case is also closed, then all that is required is just to mention the marital status as "divorcee". In fact, in western countries, a job candidate is not required to mention marital status as the selection does not take place based on that attribute. However, it is a typical habit of Indians to pry into one's personal matters, and this extends to the job candidate's CV as well. In ordinary Indian companies, even marital status as "divorcee" is also seen suspiciously or considered as something odd.
Thanks,
Dinesh Divekar
From India, Bangalore
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As the person was acquitted, not discharged, from the case, it stands in the records. If there is a column asking for previous issues with the law, your friend has to mention it to be on the safe side. Else, this might come out in the background check, and issues may arise. There is a difference in legal parlance between acquittal and discharge. Divorce proceedings should not be an issue; though when it comes to dowry-related sections, it might affect the chances of getting opportunities unless you are given a chance to explain your side of the story. Very rarely does anyone do this. It is better to put if asked and explain, in brief, the facts of the issue to be seen as honest than hiding issues, whether trivial or otherwise.
From India, Hyderabad
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From India, Hyderabad
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Acquittal is a clear proof of no offense because the case was heard, and no evidence came against him. Anyway, the column regarding legal issues will have to be honestly filled in to avoid any subsequent issues arising out of a background check.
From India, Pune
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From India, Pune
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Dear AKS17,
You have written that "If there is a column asking for previous issues with the law, your friend has to mention it to be on the safe side."
If a company delves into the past of an employee, it may be considered excessive. Isn't this a breach of an individual's privacy? If any HR professional allows such actions, are they truly suitable for the HR role? Imagine if a job candidate were to sue a company for probing into their past, would the company's defense hold up in court?
How does a job candidate's past, which has been resolved, impact their job prospects? Candidates should be evaluated based solely on their skills and knowledge.
Consider this scenario: if a man is falsely accused by his wife, should he be deemed guilty? In India, husbands often face great concern over Section 498K, where suicides related to this section surpass those due to dowry deaths.
Thanks,
Dinesh Divekar
From India, Bangalore
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You have written that "If there is a column asking for previous issues with the law, your friend has to mention it to be on the safe side."
If a company delves into the past of an employee, it may be considered excessive. Isn't this a breach of an individual's privacy? If any HR professional allows such actions, are they truly suitable for the HR role? Imagine if a job candidate were to sue a company for probing into their past, would the company's defense hold up in court?
How does a job candidate's past, which has been resolved, impact their job prospects? Candidates should be evaluated based solely on their skills and knowledge.
Consider this scenario: if a man is falsely accused by his wife, should he be deemed guilty? In India, husbands often face great concern over Section 498K, where suicides related to this section surpass those due to dowry deaths.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Dinesh,
As much as we despise it, I have noticed that many online applications mention the legal aspect of the employee potential, and there is no way one can avoid this and still be considered. Misuse of dowry-related cases is a different subject altogether, although there are quite a number of victims/accused.
Regards
From India, Hyderabad
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As much as we despise it, I have noticed that many online applications mention the legal aspect of the employee potential, and there is no way one can avoid this and still be considered. Misuse of dowry-related cases is a different subject altogether, although there are quite a number of victims/accused.
Regards
From India, Hyderabad
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Mr. Nathrao,
Acquittal and discharge are not the same. Acquittal may take place due to various reasons, and one of the points that the criminal case judge considers is that the case has to be proved beyond a reasonable doubt to convict a person. If the prosecution fails to prove beyond doubt, the judge is at liberty to set the accused free.
Discharge is when no prima facie case is made out, and the court discharges or removes the person's name from the charge sheet and proceeds against others if there are more than one accused.
Regards
From India, Hyderabad
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Acquittal and discharge are not the same. Acquittal may take place due to various reasons, and one of the points that the criminal case judge considers is that the case has to be proved beyond a reasonable doubt to convict a person. If the prosecution fails to prove beyond doubt, the judge is at liberty to set the accused free.
Discharge is when no prima facie case is made out, and the court discharges or removes the person's name from the charge sheet and proceeds against others if there are more than one accused.
Regards
From India, Hyderabad
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I am well aware of the difference between discharge and acquittal. The point here is whether it should be shown in the data sheet of the employee or not. I am of the opinion that in case forms of the company ask for such information regarding criminal cases, it should be shown. Whether such info is to be asked by companies is altogether a different issue.
From India, Pune
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From India, Pune
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