How Do Criminal Record Checks Work in India?

How Do Criminal Record Checks Work in India?

July 25, 2022
6:56 am
background verification, Criminal record check, verification

Not everyone carries a criminal record. However, for an organization, it is vital to have a complete background check, especially for criminal record checks. Before hiring an application, a thorough background check is done, including a search of the applicant’s public criminal record. The criminal background check process involves looking through numerous publicly accessible documents to learn about the applicant’s criminal history. Examining court documents from civil and criminal cases is part of criminal record checks in India. Data that has been made available to the public by the courts are used for this. It all comes down to checking the person to see if they have ever been in trouble with the law. This background check is a crucial component of the pre-employment process. As a result, it guarantees a secure system within the administrative structure.

In India, there are different places where a criminal background check is done. Some of these are:

The District Court and the Supreme Court of India are publicly accessible with web databases to check criminal charges of an employee. A complete public criminal record check is unavoidably required to guarantee a safe workplace devoid of criminal intent. By performing a criminal background check, you can be confident that you are recruiting applicants with a clean record. It also entails looking through the Litigate database. A search of the Litigate database will reveal whether a candidate’s name is included in a private or public database, such as a criminal or law enforcement database.

Why is it necessary?

It is vital to conduct a thorough criminal background check to keep the workplace secure. In other words, anyone hired for any position must have a spotless past. To be sure, the employer does a background investigation. The organization searches pertinent databases involving the candidate’s name in civil action, regulatory compliance, and criminal activity.

In addition to conducting a background check in India, it is vital to scan the global database to see whether the candidate has any connections to any crimes or offenses.

It is crucial for an employee to send verified documents to the hiring department for the smooth functioning of the process.

The Law About Criminal Background Check

There is no specific law in India that mainly addresses criminal record checks or inquiries into criminal histories. However, while checking criminal histories, the Indian Contract Act and Information Technology Acts of 2000 and 2005 were cited as standard laws. The Credit Information Companies (Regulation) Act of 2005 imposes sanctions on businesses that fail to maintain the confidentiality of the personal information they acquire about their personnel.

How do government agencies conduct a criminal background check?

The public records of the State and Supreme Courts and district magistrates are the ideal resources government entities use to access databases they need before hiring employees. Most private and public organizations also confirm litigation-related information. They go to the National Crime Research Bureau and the CBI to check the candidate’s name on the most wanted list. Search the SEBI database, the Central Vigilance Committee’s roster, and the RBI database.

However, the verification process doesn’t start until the candidate has given their written authorization. As required by law, the government agency needs to question the nominee.

Deciding the Type of Background Check Needed

An applicant’s credit history, criminal history, and employment history are all checked as part of the background investigation. The profile and nature of the job will determine this check.

Other than that, many organizations prefer to check social media activities too. Another significant source of background checks in India is social media scanning. Prospective employers can map potential job applicants’ affiliations, tastes, and actions. In layman’s terms, the process allows talent scouts and recruitment firms to indirectly investigate criminal history and better understand their nature without spending time directly with them. In a large nation like India, the precautions mentioned above help ensure a thorough background check. However, authorization from the candidate is still required for screening medical, financial, and other essential data.

How to Get the Police Clearance Certificate (PCC)?

An individual may obtain a Police Clearance Certificate (PCC) from the Indian Police or another duly appointed Indian government representative. The certificate helps to check any criminal records associated with a person’s name and issues a clearance certificate if they are clear. Like other criminal background checks, PCC is also a part of it. Indian or international nationals who reside in India or have previously done so may need a PCC. There are numerous reasons why PCC would be necessary, including:

A period of validity is not endorsable on an Indian PCC’s certificate. However, it is valid for six months, depending on the application’s authority.

What happens if there is a criminal background?

If the hiring agency finds that an applicant has spent 48 hours in jail, the authorities have the right to suspend the hiring. The agency also has the right to give serious consideration.

Later, the issue will be considered, and the agency’s answer will be reflected in its activity. It can terminate the profile or give it new life.

Hiring a Professional Criminal Record Checks Organization

No matter how big or small the organization is, it is vital to have a criminal record check. It is a crucial step to excluding those with criminal histories who pose a danger to the organization.

The expert team at MIMOIQ is dedicated to offering all types of criminal background checks per your company’s requirements. The company recognizes the value of criminal background checks and ensures they are accurate, reliable, and comprehensive. For any organization, the background check of an applicant matters the most. Depending on the position and business, various services may be part of a background check. A potent combination of services, including geo-tagging, quality management, and real-time data transmission, assures the validity of the data. It gives you a thorough overview of the subject’s background.

Various parameters are considered, and more than one kind of criminal history check ensures accurate results. Services are included under background checks:

Financial Verification

The financial background check services offered by MIMO can assist you in reducing the risk of fraud. MIMOIQ helps you with checks to determine customers’ credit and financial viability by providing tailored solutions.

Verification of Address

It is now easy to verify the address of your candidate with MIMO’s address verification services. The team confirms the information provided by the candidate by physically demonstrating the address using the extensive network and modern verification tools.

Using social media to confirm

72% of companies use social media to screen applicants throughout the hiring process. Employers can quickly map a prospect’s interests and affiliations on social media with the aid of MIMO. The company has a team of specialists who know what to look for.

The appropriate level searches public records. The applicant’s address, nationality, or designated jurisdictions determine which countries are searched. We also check the police records in the candidate’s new area if they move to another state or region. MIMOIQ also uses a technique for conducting criminal background checks where they look up information from different sources of databases and look at news articles.

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Here are a few questions you should know the answers to when conducting a Criminal Records Check :

Why is it necessary to run a criminal background check?

To provide a truly secure workplace devoid of criminal intent, a thorough criminal records check becomes vitally necessary. With a criminal background check, you can be sure you’re hiring people with a clean record. This also involves searching the Litigate database. A litigation database check determines whether a candidate’s name appears in any proprietary or public database, such as a civil lawsuit database, criminal databases, and/or regulatory compliance database. Both Indian and international databases can be searched to see if the candidate has any ties to organized crime or has been referenced in any legal proceedings. When a competent professional agency does not do a criminal records check, such offenses can cause irreparable damage to a company’s reputation. According to a study, discrepancies linked to criminal records and references accounted for 19.5 percent of all discrepancies in India in 2016.

To whom should we run a criminal background check?

Every new employee should undergo a criminal background check to ensure that no criminals access your organization. A single inconsistency can have a negative influence on your workplace’s safety, motivation, and brand reputation. A criminal background check is required regardless of the hiring level!

Are there any regulations governing the checking of criminal records?

In India, there is no law specifically dealing with criminal records or background checks. However, for conducting criminal records checks, the Indian Contract Act, Indian Penal Code, and Information Technology Acts of 2000 and 2005 are often used as benchmarks. Companies that fail to keep personal data obtained on employees confidential may face penalties under the Credit Information Companies (Regulation) Act of 2005.

What databases can I use to look for criminal records?

Litigation-related information can also be found via the National Crime Records Bureau and the CBI’s Most Wanted Lists, in addition to district magistrate, state, and Supreme Court public records. The list of defaulters can be found in databases maintained by SEBI, RBI, the Registrar of Companies, and the Central Vigilance Committee’s list of corrupt officials.

How do I do a criminal background check?

It’s critical to seek advice from a reputable firm with access to indexed criminal records and litigation databases. It is critical to inform the candidate that a criminal records check will be conducted and secure his or her written consent before proceeding. In most cases, employers consult with background check companies to do thorough criminal background checks!

What methods do background check businesses use to search for criminal records?

Companies that conduct background checks often scan a range of sources, including local, state, and federal databases, as needed. While there are numerous sources available, the ones chosen will be determined by the exact searches that your prospective employer has requested.

One of the most prominent sources for criminal and offense history searches is state court records. While some municipal courts may make their documents searchable online, around 30% of courthouses require direct access in person. In order to assist in-person courthouse record searches in these jurisdictions, background check organizations execute real-time criminal records searches and maintain a network of court runners. As you might expect, such in-person searches take time, but they allow screening companies to get the most accurate and up-to-date information from the court.

Is it possible to suspend an employee based on a criminal background check?

In India, if a government employee has spent 48 hours or more in police custody, he or she will be automatically suspended. Any offence, including dowry killing allegations, might lead to such detention. Disciplinary committees and policies are established by private companies. After evaluating each case, they can decide on a course of action.

What should you do if you come upon anything negative?

One of the most basic steps in recruiting the best individuals is to run a criminal background check. After a thorough investigation of the applicant’s background, a hiring decision should be made. Before making a hiring choice, it’s a good idea to offer the employee an opportunity to explain the negative finding.

How can the HR manager confirm that the criminal background check on the job application is accurate?

The greatest criminal background checks are those that are accurate, thorough, quick, and obtained legally. The inclusion of criminal background check questions in the job application is the first step in conducting a complete criminal record check.

The checks can take a long time, cost a lot of money, and necessitate a lot of diligence. For interstate and international hires, the problems multiply. The HR manager should not let any financial or time restrictions allow the criminal background records check process to be shortened.

What are the rights of employees/applicants?

The criminal record check report received by the firm may be incomplete or erroneous due to the constraints inherent in the process. To protect the rights of employees/applicants, the law compels employers to give employees/applicants the option to present additional information to substantiate the report’s incompleteness or inaccuracy.

Individuals should be given a copy of the report and given enough time to respond with the requested additional information in the interest of fairness. If the people fail to provide the required information within the specified time frame, or if the information provided is insufficiently persuasive, the company might begin an adverse action procedure while keeping the individual informed. Individuals will then need to seek the respective judicial authorities for dispute resolution if they have any further grievances.

Is there a limit to how far back criminal record checks can go?

Employers can decide how far back they want the search to go, with seven years being the most popular option. Other options include ten years and “unlimited,” which looks for all reasonably available information. After the search is completed, the records that are shown in the report will be determined by how far back the search was conducted as well as any applicable legal constraints. Background check businesses can record criminal convictions indefinitely in most jurisdictions; however, certain states limit the reporting of convictions to seven years.

A number of factors are considered when determining whether a record is within the seven-year timeframe, including the date of conviction, release, or parole. Many screening businesses examine these similar variables, as well as periods of probation when deciding whether to publish a conviction record that can legally be reported indefinitely but the customer has requested a fixed (e.g., seven-year) time limit.

In terms of non-conviction, most background check agencies are unable to report anything older than seven years (such as non-pending records of arrest, criminal case dismissals, etc.). Non-convictions, on the other hand, are not required to be reported in a few states.

Conclusion:

A criminal record check allows you to make an informed decision regarding a candidate’s appropriateness and fit for your organization. Even though a conviction does not automatically disqualify a candidate, you will be in the best position to determine whether their criminal history poses an unreasonable risk to your organization.