My uncle's wife put up a false case to our family, 341,323,506,34 IPC. Recently, I got an offer from TCS, and the background verification is still not done for me. Will I be able to join this company, and how can I get free from this case and case record? I also went to court, but they didn't find the case file. How can we manage this now?
From India, Kolkata
From India, Kolkata
Dear member,
You have been booked under three sections of IPC. Section 341 is wrongful restraint, Section 323 is for voluntarily causing hurt, and Section 506 is for criminal intimidation. None of them is a very serious crime.
As of now, you are an accused and not a convict. The court case is ongoing and the court may convict you or acquit you. Therefore, if your future company asks for information about the pending cases against you, you may provide sufficient information about the number of cases, the case numbers, and the courts in which they are being heard.
At this stage, your rights are protected under the principle of presumption of innocence of Indian Law. The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is on the prosecution.
Presently, you have two options. The first is to fight the case until the end. However, please note that court cases move at a snail's pace and these could drag on for years or even decades. Therefore, if not in the case of a job offer at hand, you could face a similar problem in future too. In simple words, the court case could continue to haunt you until the verdict is given. If you are acquitted, then well and good, but if you are convicted, then you will have to challenge the verdict in the High Court. Once the lower court convicts you, the principle of presumption will no longer apply to you.
The second option is to approach the other party and explore the possibility of mediation. People approach the police in a fit of rage; however, as time passes, the tempers cool down. The postponement of court case hearings exasperates both sides. Therefore, if the other side is willing, then apologise and request the other party withdraw to the case. If the other party insists, pay reasonable compensation and move on.
Thanks,
Dinesh Divekar
From India, Bangalore
7872You have been booked under three sections of IPC. Section 341 is wrongful restraint, Section 323 is for voluntarily causing hurt, and Section 506 is for criminal intimidation. None of them is a very serious crime.
As of now, you are an accused and not a convict. The court case is ongoing and the court may convict you or acquit you. Therefore, if your future company asks for information about the pending cases against you, you may provide sufficient information about the number of cases, the case numbers, and the courts in which they are being heard.
At this stage, your rights are protected under the principle of presumption of innocence of Indian Law. The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is on the prosecution.
Presently, you have two options. The first is to fight the case until the end. However, please note that court cases move at a snail's pace and these could drag on for years or even decades. Therefore, if not in the case of a job offer at hand, you could face a similar problem in future too. In simple words, the court case could continue to haunt you until the verdict is given. If you are acquitted, then well and good, but if you are convicted, then you will have to challenge the verdict in the High Court. Once the lower court convicts you, the principle of presumption will no longer apply to you.
The second option is to approach the other party and explore the possibility of mediation. People approach the police in a fit of rage; however, as time passes, the tempers cool down. The postponement of court case hearings exasperates both sides. Therefore, if the other side is willing, then apologise and request the other party withdraw to the case. If the other party insists, pay reasonable compensation and move on.
Thanks,
Dinesh Divekar
From India, Bangalore
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