INDIA BACKGROUND CHECK

There are numerous factors that have been surging the demands of background verifications in India. Major factors affecting Indian corporate houses and service sectors are unverified processes of recruitments and hiring. Today, a large number of frauds and deceptions are coming to light during these processes. Such defects are affecting the working environment and productivity at large. Hence, majority of victimized units are reduced growth.

As an effect, today Indian organizations are accessing acute need to have a better system of quick and effective background screening. Therefore, majority of investigative agencies have come up in the market to look after entire background needs. They have been serving background checks and screening services, but most of them are unable to eliminate existing defects occurring in verification works of Indian corporations.

GVS has its foot prints in the Indian market and offering impeccable processes of background checks. Today, we stand at the prestigious level to satisfy our Indian clients by fulfilling their entire verification demands. Because we have understood the urgency of having these processes so only we have the impetus to deliver the exact matched services. We do know that HR departments of Indian corporations are passing through tough time for conducting honest and unbiased hiring.

The fact is that majority of companies have been experiencing tremendous risks and menaces of perpetrator or potential people in India. They come up with dual identity to commit nuisances just for little profits. Additionally, the majority of competitors are taking the advantage of innocence of employees to induct flaws in rival companies. Most of Indian workers are living average life. Hence, they can be easily decoyed for wrong doing for small gains.

In India, such practices are getting homed in every sector and affecting reliability and trust factor among businesses. This is the most prominent causes in India which throws employers to verify the credibility and integrity of their employees, when suspected. The best solution of such practices is provided by the GVS through its most ablaze background verification services in India.

We, as a most ethical unit of screening services, work with a goal to improve your working environment through transparency in personality and behaviour of your staff.

A Litmus test of GVS on honesty and reliability of an employee will cover major components of comprehensive Background checks in India. It would help you in knowing about your staff and better safeguard of your operation from potential workers. We, as an effective risk management consultancy in India have a strong web of associates and partners offer the services of best background screeners.

Our services are meeting existing regulatory needs by maintaining best standards. The veracity of the information is covered under existing verification rules and regulations of India. Hence the corporate will be getting authentic information and records through our background checks and background screening in India.

We also work with an aim is to find the prime intention behind the various kinds of ventures and collaborations. It allows us to assist the organization in taking a wise decision in to decide for a proposal. We are providing the best background verification services in various cities of India including New Delhi, Mumbai, Ahmadabad, Calcutta, Bangalore, Chennai, Cochin etc. Kindly contact us on our email: info@backcheckgroup.com for allowing us to take an action on your query and we will revert with a quality answer of your demands. Due to the sensitive nature of the Services all queries will dealt under strict confidentiality and under the influence of extreme ethical consideration.

GENERAL INFORMATION

GDP USD1876.8bn (World ranking 10, World Bank 2013)
Population 1252.1 million (World ranking 2, World Bank 2013)
Form of state Federal Republic
Head of government Narendra Modi (Prime Minister)
Next elections 2017, Presidential

 

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PRODUCTS IN INDIA

Data Protection

India

Contribution Details

Vakul corporate advisory Pvt. Ltd. (Law firm) Vakul Sharma

Managing Partner

Seema Sharma

Senior Partner

Law

There is no specific legislation on privacy and data protection in India. However, the Information Technology Act, 2000 (the “Act”) contains specific provisions intended to protect electronic data (including non-electronic records or information that have been, are currently or are intended to be processed electronically).

India’s IT Ministry adopted the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules (“Privacy Rules”). The Privacy Rules, which took effect in 2011, require corporate entities collecting, processing and storing personal data, including sensitive personal information to comply with certain procedures. It distinguishes both ‘personal information’ and ‘sensitive personal information’, as defined below.

In August 2011, India’s Ministry of Communications and Information issued a “Press Note” Technology (Clarification on the Privacy Rules), which provided that any Indian outsourcing service provider/organization providing services relating to collection, storage, dealing or handling of sensitive personal information or personal information under contractual obligation with any legal entity located within or outside India is not subject to collection & disclosure of information requirements, including the consent requirements discussed below, provided that they do not have direct contact with the data subjects (“providers of information”) when providing their services.

Definition of Personal Data

The Privacy Rules define the term “personal information” as any information that relates to a

natural person, which either directly or indirectly, in combination with other information that is available or likely to be available to a corporate entity, is capable of identifying such person.

Definition of Sensitive Personal Data

The Privacy Rules define “sensitive personal data or information” to include the following

information relating to:

■     password;

■     financial information e.g. bank account/credit or debit card or other payment instrument

details;

■     physical, physiological and mental health condition;

■     sexual orientation;

■     medical records and history;

■     (biometric information;

■     any detail relating to the above clauses as provided to a corporate entity for providing

services; and

■     any of the information received under the above clauses for storing or processing under lawful contract or otherwise.

Biometrics means the technologies that measure and analyze human body characteristics, such as ‘fingerprints’, ‘eye retinas and irises’, ‘voice patterns’, ‘facial patterns’, ‘hand measurements’ and ‘DNA’ for authentication purposes.

However, any information that is freely available in the public domain is exempt from the above definition.

National Data Protection Authority

No such authority exists.

Registration

No requirements.

Data Protection officers

Every corporate entity collecting sensitive personal information must appoint a Grievance Officer to address complaints relating to the processing of such information, and to respond to data subject access and correction requests.

Collection and Processing

Under the Act, if a corporate entity that possesses, manages or handles any sensitive

personal information in a computer resource that it owns, controls or operates, is negligent in implementing and maintaining compliance with the Privacy Rules, and its negligence causes wrongful loss or wrongful gain to any person, the corporate entity shall be liable for damages to the person(s) affected.

The Privacy Rules state that any corporate entity or any person acting on its behalf, which is collecting sensitive personal information, must obtain written consent (through letter, email or fax) from the providers of that information. However, the August 2011 “Press Note” issued by the IT Ministry clarifies that consent may be given by any mode of electronic communication.

The Privacy Rules also mandate that any corporate entity (or any person, who on behalf of such entity) collects, receives, possess, stores, deals or handles information, shall provide a privacy policy that discloses its practices regarding the handling and disclosure of personal information including sensitive personal information and ensure that the policy is available for view, including on the website of the corporate entity (or the person acting on its behalf ). Specifically, the corporate entity must ensure that the person to whom the information relates is notified

of the following at the time of collection of sensitive personal information or other personal information: (a) the fact that the information is being collected; (b) the purpose for which the information is being collected; (c) the intended recipients of the information; and (d) the name and address of the agency that is collecting the information and the agency that will retain the information.

Further, sensitive personal information may only be collected for a lawful purpose connected with a function or purpose of the corporate entity and only if such collection is considered necessary for that purpose. The corporate entity must also ensure that it does not retain the sensitive personal information for longer than it is required, and should also ensure that the same is being used for the purpose for which it was collected.

A corporate entity or any person acting on its behalf is obligated to enable the providers of information to review the information they had so provided and also to ensure that any personal information or sensitive personal information that is found to be inaccurate or deficient is corrected upon request. Further, the provider of information has to be provided a right to opt

out (i.e. she will be able to withdraw his/her consent) even after consent has been provided. However, the corporate entity will not be held responsible for the authenticity of the personal information or sensitive personal information given by the provider of information to such corporate entity or any other person acting on its behalf.

Transfer

The data collector must obtain the consent of the provider of the information for any transfer of sensitive personal information to any other corporate entity or person in India or in any other country that ensures the same level of data protection as provided for under the Privacy Rules. However, consent is not necessary for the transfer, if it is required for the performance of a lawful contract between the corporate entity (or any person acting on its behalf) and the provider of information or as otherwise specified in the Act.

A corporate entity may not transfer any sensitive personal information to another person or entity that does not maintain the same level of data protection as required in the Act.

The contract regulating the data transfer should contain adequate indemnity provisions for a third party breach, should clearly specify the end purposes of the data processing (including who has access to such data) and should specify a mode of transfer that is adequately secured and safe.

Further, under the Act, it is an offence for any person who has pursuant to a contract gained access to any material containing personal information to disclose that information without the consent of the person concerned, and with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain.

Thus, contracts should also specifically include provisions (a) entitling the data collector to distinguish between ‘personal information’ and ‘sensitive personal information’ that it wishes to collect/process; (b) representing that the consent of the person(s) concerned has been obtained for collection and disclosure of personal information or sensitive personal information; and (c) outlining the liability of the third party.

Security

A corporate entity possessing, dealing or handling any sensitive personal information in a computer resource which it owns controls or operates is required to implement and maintain reasonable security practices and procedures to secure the sensitive personal information. The reasonable security practices and procedures may be specified in an agreement between the parties.

Further, the Privacy Rules provide that in the absence of such agreement “reasonable security practices and procedures” to be adopted by any corporate entity to secure sensitive personal information are procedures that comply with the IS/ISO/IEC 27001 standard or with the codes of best practices for data protection as approved by the Federal Government.

Breach notification

There is no mandatory requirement under the Act or Privacy Rules to report data security breaches. However, a corporate entity can be asked to furnish information to the Indian Computer Emergency Response Team (CERT-IN) related to cyber security incidents.

Enforcement

Civil penalties of up to EUR 694,450 for failure to protect data including sensitive personal information may be imposed by an Adjudicating Officer; damages in a civil suit may exceed this amount.

Criminal penalties of up to 3 years imprisonment or a fine up to EUR 6,950, or both for unlawful disclosure of information.

Electronic Marketing

The Act does not refer to electronic marketing directly. However, sending false information (emails, SMS, MMS, etc.) persistently by means of a computer resource or a communication device for the purpose of causing annoyance, inconvenience, etc. is punishable under Indian law. Further, such emails, SMS, MMS etc. must not disguise or conceal the identity of the sender.

The Privacy Rules also provide the right to “opt out” of email marketing, and the company’s privacy policy must address marketing and information collection practices.

Online Privacy (Including Cookies and Location Data)

There is no regulation of cookies, behavioral advertising or location data.

However, the IT Act contains both civil and a criminal offenses for a variety of computer

Crimes:

■     Any person who introduces or causes to be introduced any computer contaminant into any computer, computer system or computer network may be fined up to EUR 694,450 (by an Adjudicating Officer); damages in a civil suit may exceed this amount. Under the IT Act, “computer contaminant” is defined as any set of computer instructions that are designed

(a) to modify, destroy, record, or transmit data or programmers residing within a computer, computer system or computer network; or (b) by any means to usurp the normal operation of the computer, computer system or computer network;

■     Any person, who fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person, is subject to a prison term of

up to 3 years and fine up to EUR 1,390.

(Adopted on: 19 November, 1946)

1. Short title and extent.

2. Constitution and powers of special police establishment.

3. Offences to be investigated by special police establishment.

4. Superintendence and administration of special police establishment.

5. Extension of powers and jurisdiction of special police establishment to other areas.

6. Consent of State Government to exercise of powers and jurisdiction.

7. Repealed.

An Act to make provision for the constitution of a special police force in Delhi for the investigation of certain offences in the Union territories for the superintendence and administration of the said force and for the extension to other areas of the power and jurisdiction of the members of the said force in regards to the investigation of the said offences.

Whereas it is necessary to constitute a special police force in Delhi for the investigation of certain offences in the Union territories and to make provisions of for the superintendence and administration of the said force and for the extension to other areas of the powers and jurisdiction of the members of the said force in regard to the investigation of the said offences;

It is hereby enacted as follows:

1. Short title and extent. — (1) This Act may be called the Delhi Special Police Establishment Act, 1946.

(2) It extends to the whole of India.

2. Constitution and powers of special police establishment. — (1) Notwithstanding anything in the Police Act, 1861 (5 of 1861), the Central Government may constitute a special police force to be called the Delhi Special Police Establishment for the investigation in any Union Territory of offences notified under Section 3.

(2) Subject to any orders which the Central Government may make in this behalf, members of the said police establishment shall have throughout in any Union Territory, in relation to the investigation of such offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers of that Union Territory have in connection with the investigation of offences committed therein.

(3) Any member of the said police establishment of or above the rank of Sub-Inspector may, subject to any orders which the Central Government may make in this behalf, exercise any Union Territory or any of the powers of the officer-in-charge, of a police station in the area in which he is for the time being and when so exercising such powers shall, subject to any such order as aforesaid, be deemed to be an officer-in-charge of a police station discharging the functions of such an officer within the limits of his station.

3. Offences to be investigated by special police establishment. — The Central Government may, by notification in the official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment.

4. Superintendence and administration of special police establishment. — (1) the superintendence of the Delhi Special Police Establishment shall vest in the Central Government.

(2) The Administration of the said police establishment shall vest in an officer appointed in this behalf by the Central Government who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector-General of Police in respect of the police force in a State, as the Central Government may specify in this behalf.

5. Extension of powers and jurisdiction of special police establishment to other areas. — (1) Central Government may by order extend to any area (including Railway areas) a State, not being a Union Territory the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under Section 3.

(2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject to any orders which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions be deemed to be a member of the police force of the area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force.

6. Consent of State Government to exercise of powers and jurisdiction. — Nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.

7. Repealed. — [Repeal of Ordinance 22 of 1946, repealed by the Repealing and Amending Act, 1950 (35 of 1950).]

193. Cognizance of offences by Courts of Session. – Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.

195.Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.- (1) No Court shall take cognizance-
(a) (I) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code,(45 of 1860) or
(ii) of any abetment of, or attempt to commit, such offence, or
(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
(b) (I) of any offence punishable under any of the following sections of the Indian Penal Code,(45 of 1860) namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (I) or sub-clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.
(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint:
Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.
(3) In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.
(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appeasable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the Principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate:
Provided that-
(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

Chapter XXVI

Provisions as To Offences Affecting the Administration of Justice

340. Procedure in cases mentioned in Section 195:- (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interest of Justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court, or as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,–
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-boilable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate, and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195.
(3) A complaint made under this section shall be signed-
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court.
(4) In this section, “Court” has the same meaning as in Section 195.
341. Appeal :–(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (1) or sub-section (2) of Section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195, and the superior Court May thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such-former Court might have made under Section 340, and, if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under Section 340, shall be final and shall not be subject to revision.
342. Power to order costs:- Any Court dealing with an application made to it for filing a complaint under Section 340 or an appeal under Section 341, shall have power to make such order as to costs as may be just.
343. Procedure of Magistrate taking cognizance:- (1) A Magistrate to whom a complaint is made under Section 340 or Section 341 shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
344. Summary procedure for trial for giving false evidenced:- (1) If, at the time of delivery of any judgment of final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
(3) Nothing in this section shall affect the power of the Court to make a complaint under Section 340 for the offence, where it does not choose to proceed under this section.
(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.
345. Procedure in certain cases of contempt:–(1) When any such offence as is described in Section 175, Section 178, Section 179, Section 180, or Section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court or the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
(2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.
(3) If the offence is under Section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
346. Procedure where Court considers that case should not be dealt with under Section 345.- (1) If the Court in any case considers that a person accused of any of the offences referred to in Section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under Section 345, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
347. When Registrar or Sub-Registrar to be deemed a Civil Court.- When the State Government so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908), shall be deemed to be a Civil Court within the meaning of Section 345 and 346.
348. Discharge of offender on submission apology: – When any Court has under Section 345 adjudged an offender to punishment, or has under Section forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such court, or on apology being made to its satisfaction.
349. Imprisonment or committal of person refusing to answer or produce document:- If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 345 or section 346.
350. Summary procedure for punishment for non-attendance by a witness in obedience to summons:-. (1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interest of Justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
351. Appeals from convictions under Sections 344, 345, 349 and 350:- (1) Any person sentenced by any Court other than a High Court under Section 344, Section 345, Section 349, or Section 350 may, notwithstanding anything contained in this Code, appeal to the Court to which decrees or orders made in such Court are ordinarily appeasable.
(2) The provisions of Chapter XXIX shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter to reverse the finding or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under Section 347 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.
352. Certain Judges and Magistrates not to try certain offences when committed before themselves: – Except as provided in Sections 344, 345, 349, and 350, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in Section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.

(Adopted on: 9th September 1988)

Chapter I Preliminary

1. Short Title and Extent:

This Act may be called the Prevention of Corruption Act, 1988. It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India outside India.

2. Definitions:

In this Act, unless the context otherwise requires,-

“Election” means any election, by whatever means held under any law for the purpose of selecting members of Parliament or of any Legislature, local authority or other public authority;

“Public duty” means a duty in the discharge of which the State, the public or the commonality at large has an interest; Explanation. – In this clause”State”includes a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);

“Public servant” means, – any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty;

Any person in the service or pay of a local authority

any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);

Any Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory sanctions;

Any person authorized by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court;

Any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority;

Any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;

any person who holds an office by virtue of which he is authorized or required to perform any public duty;

Any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or a State Government or from any corporation established by or under a Central, Provincial or State Act; or any authority or body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);

Any person who is a chairman, member or employee of any Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination or making any selection on behalf of such Commission or Board;

Any person who is a Vice-Chancellor or member of any governing body, professor, reader, lecturer or any other teacher or employee, by whatever designation called, of any University and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations;

Any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority.

Explanation 1:

Persons falling under any of the above sub-clauses are public servants, whether appointed by the Government or not.

Explanation 2:

Wherever the words “public servant” occurs, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Chapter II Appointment of Special Judges

3. Power to appoint special Judges:

1.The Central Government or the State Government may, by notification in the Official Gazette, appoint as many special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely:- any offence punishable under this Act; and

B. any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a).

2. A person shall not be qualified for appointment as a special Judge under this Act unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973 (2 of 1974).

4. Cases friable by special Judges:

1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offences specified in sub-section (1) of section 3 shall be tried by special Judges only.

2. Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge for the area within which it was committed, or, as the case may be, by the special Judge appointed for the case, or, where there are more special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government.

3. When trying any case, a special Judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.

4. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a special Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.

5. Procedure and Powers of Special Judges:

1. A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall fol1ow the procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by the Magistrates.

2. A special Judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 of that Code.

3. Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Judge; and for purposes of the said provisions, the court of the special Judge shall be deemed to be a Court of Session and the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor.

4. In particular and without prejudice to the generality of the provisions contained in sub-section (3), the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the proceedings before a special Judge and for the purposes of the said provisions, a special Judge shall be deemed to be a Magistrate.

5. A special Judge may pass upon any person convicted by him any sentence authorized by law for the punishment of the offence of which such person is convicted.

6. A special Judge, while trying an offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944 (Ordinance 38 of 1944).

6. Power to try summarily:

1. Where a special Judge tries any offence specified in sub-section (1) of section 3, alleged to have been committed by a public servant in relation to the contravention of any special order referred to in sub-section (1) of section 12A of the Essential Commodities Act, 1955 (10 of 1955) or of an order referred to in clause (a) of sub-section (2) of that section, then, notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of Criminal Procedure, 1973 (2 of 1974), the special Judge shall try the offence in a summary way, and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:

Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the special Judge to pass a sentence of imprisonment for a term not exceeding one year:

Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the special Judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special Judge shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in accordance with the procedure prescribed by the said Code for the trial of warrant cases by Magistrates.

2. Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974), there shall be no appeal by a convicted person in any case tried summarily under this section in which the special Judge passes a sentence of imprisonment not exceeding one month, and of fine not exceeding two thousand rupees whether or not any order under section 452 of the said Code is made in addition to such sentence, but an appeal shall lie where any sentence in excess of the aforesaid limits is passed by a special Judge.

Chapter III Offences and Penalties

7. Public servant taking gratification other than legal remuneration in respect of an official act:

Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favor or disfavor to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.

Explanation.-

1. “Expecting to be a public servant”. If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.

2. “Gratification”. The word “gratification” is not restricted to pecuniary gratifications or to gratifications estimable in money.

3. “Legal remuneration”. The words “legal remuneration” is not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government or the organization, which he serves, to accept.

4. “A motive or reward for doing”. A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression.

5. Where a public servant induces a person erroneously to believe that his influence with the Government has obtained a title for that person and thus induces that person to give the public servant, money or any other gratification as a reward for this service, the public servant has committed an offence under this section.

8. Taking gratification, in order, by corrupt or illegal means, to influence public servant:

Whoever accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant, whether named or otherwise, to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favor or disfavor to any person, or to render or attempt to render any service or disservice to any person with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.

9. Taking gratification, for exercise of personal influence with public servant:

Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant whether named or otherwise to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favor or disfavor to any person, or to render or attempt to render any service or disservice to any person with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.

10. Punishment for abetment by public servant of offences in section 8 or 9:

Whoever, being a public servant, in respect of whom either of the offences defined in section 8 or section 9 is committed, abets the offence, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.

11. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant:

Whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.

12. Punishment for abetment of affiances defined in section 7 or 11:

Whoever abets any offence punishable under section 7 or section 11 whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.

13. Criminal misconduct by a public servant:

1. A public servant is said to commit the offence of criminal misconduct,-

(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or
(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or
(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person to do so; or
(d) if he,-

(I) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public: interest;

(e)if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.

Explanation.

For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.

2. Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.

14. Habitual committing of offence under sections 8, 9 and 12:

Whoever habitually commits.-

1. An offence punishable under section 8 or section 9; or

2. An offence punishable under section 12,

Shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine.

15. Punishment for attempt:

Whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) of section 13 shall be punishable with imprisonment for a term which may extend to three years and with fine.

16. Matters to be taken into consideration for fixing fine:

Where a sentence of fine is imposed under sub-section (2) of section 13 or section 14, the court is fixing the amount of the fine shall take into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence or where the conviction is for an offence referred to in clause (e) of sub-section (1) of section 13, the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily.

Chapter IV Investigation into cases under the Act

17. Persons Authorized to investigate:

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,-

1. in the case of the Delhi Special Police Establishment, of an Inspector of Police;

2. in the metropolitan areas of Bombay, Calcutta, Madras and Headband and in any other metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal Procedure, 1973 (2 of 1974), of an Assistant Commissioner of Police;

3. Elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefore without a warrant:

Provided that if a police officer not below the rank of an Inspector of Police is authorized by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first-class, as the case may be, or make arrest therefore without a warrant:

Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police.

18. Power to inspect bankers’ book:

If from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under section 17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers’ books, then notwithstanding anything contained in any law for the time being in force, he may inspect any bankers’ books in so far as they relate to the accounts of the persons suspected to committed that offence or of any other person suspect to be holding money on behalf of such person, and take or cause to be taken certified copies of the relevant entries there from, and the bank concerned shall be bound to assist the police officer in the exercise of his powers under this section: Provided that no power under this section in relation to the accounts of any person shall be exercised by a police officer below the rank of a Superintendent of Police, unless he is specially authorized in this behalf by a police officer of or above the rank of a Superintendent of Police. Explanation.-In this section, the expressions “bank” and “bankers’ books” shall have the meanings respectively assigned to them in the Bankers’ Books Evidence Act, 1891.

Chapter V Sanction for Prosecution & Other miscellaneous provisions

19. Previous sanction necessary for prosecution:

1. No court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction,-

(1) In the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central I Government, of that Government;

(2) In the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with sanction of the State Government, of that Government;

(3) In the case of any other person, of the authority competent to remove him from his office.

2. Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.

3. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-

(1) no finding, sentence or order passed by a special Judge shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby;

(2) no court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice;

(3) No court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings.

4. In determining under sub-section (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.

For the purposes of this section,-

(1) Error includes competency of the authority to grant sanction;

(2) A sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature.

20. Presumption where public servant accepts gratification other than legal remuneration:

1. Where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or clause (b) of sub-section (1) of section 13 it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself, or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7 or, as the case may be, without consideration or for a consideration which he knows to be inadequate.

2. Where in any trial of an offence punishable under section 12 or under clause (b) of section 14, it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed, unless the contrary is proved, that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7, or as the case may be, without consideration or for a consideration which he knows to be inadequate.

3. Notwithstanding anything contained in sub-sections (l) and (2), the court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no interference of corruption may fairly be drawn.

21. Accused person to be competent witness:

Any person charged with an offence punishable under this Act, shall be a competent witness for the defense and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that

1. He shall not be called as a witness except at his own request;

2. his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial;

3. he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless-

(1) He proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or

(2) he has personally or by his pleader asked any question of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defense is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution, or

(3) He has given evidence against any other person charged with the same offence.

22. Code of criminal procedure, 1973 to apply subject to certain modifications:

The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall in their application to any proceeding in relation to an offence punishable under this Act have effect as if,-

1. in sub-section (1) of section 243, for the words “The accused shall then be called upon”, the words “The accused shall then be required to give in writing at once or within such time as the court may allow, a list of persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then be called upon” had been substituted;

2. in sub-section (2) of section 309, after the third proviso, the following proviso had been inserted, namely:- “Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under section 397 has been made by the party to the proceeding.”;

3. after sub-section (2) of section 317, the following sub-section had been inserted, namely: – “(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be recorded by him, proceed with enquiry or trial in the absence of the accused or his pleader and record the evidence of any witness subject to the right of the accused to recall the witness for cross-examination.”;

4. In sub-section (1) of section 397, before the Explanation, the following proviso had been inserted, namely:-

“Provided that where the powers under this section are exercised by a court on an application made by a party to such proceedings, the court shall not ordinarily call for the record of the proceedings,-

(1) Without giving the other party an opportunity of showing cause why the record should not be called for; or

(2) If it is satisfied that an examination of the record of the proceedings may be made from the certified copies.”

23. Particulars in a charge in relation to an offence under section 13(1) (c):

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when an accused is charged with an offence under clause (c) of sub-section (1) of section 13, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219 of the said Code: Provided that the time included between the first and last of such dates shall not exceed one year.

24. Statement by bribe giver not to subject him to prosecution:

Notwithstanding anything contained in any law for the time being in force, a statement made by a person in any proceeding against a public servant for an offence under sections 7 to 11 or under section 13 or section 15, that he offered or agreed to offer any grad deification (other than legal remuneration) or any valuable thing to the public servant, shall not subject such person to a prosecution under section 12.

25. Military, Naval and Air force or other Law not to be affected:

1. Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the Army Act, 1950 (45 of 1950), the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), the Border Security Force Act, 1968 (47 of 1968), the Coast Guard Act, 1978 (30 of 1978) and the National Secure tee Guard Act, 1986 (47 of 1986).

2. For the removal of doubts, it is here by declared that for the purposes of any such law as is referred to in sub-section (1), the court of a special Judge shall b

Police Background Check Procedures

Who can apply?

•  Resident/non-resident Indians, including non-citizens (given their presence in India over a significant period of time).
•  Individual may directly apply.
•  A UK employer may forward a completed application form from the individual to the respectivepolice station/commissioner ́s office, accompanied with a written consent letter, and a covering letter for purpose from employer.
•  Third party accredited agenciesor authorised representative may submit application through
the same process as above.

Where?

•  Individuals must apply in person directly to an Indian Police Service (local police service in
applicant ́s local jurisdiction) or via local regional passport office.
•  UK applicants may apply through the Indian High Commission in London (see below).

What must the applicant supply?

For local applications:
•  Completed application form (available at station)
•  Signature on form
•  Passport photograph
•  Certified copy of individual ́s passport, driver ́s license, voter ́s identification card, PAN card
and ration card
•  Details of current address and residential history for previous ten years is desirable
•  Father ́s name and date of birth (desirable)
•  Proof of payment
•  Formal written request of prospective employer on formal headed letterFor overseas applicants at High Commission:
•  Completed application form (available at information link provided below)
•  Original and photocopy of first four and last two pages of passport
•  Fee payment (£15)

What are the costs / turnaround times?

For inside India applications:

•  There is no standard fee for applications, as it varies between states.
•  For example, in New Delhi a fee of 250 rupees (around £3.60) applies, in Ahemdabad a fee of
10 rupees (around 14p) and in Bangalore a fee of 3000 rupees (around £43) apply.
•  In person applications have a turnaround of seven to ten days for collection at the Police station.
•  Postal applications have a turnaround of up to 30 days, after which results are sent back to
applicant.

For Commission applications:

•  Fee of £15 payable in cash
There is no specific fast-track process available, rather down to the discretion of the officials at the Police Station.

Contact Details

To get information on local police stations, local applicants can contact:
Nation Crime Records Bureau:
East Block-7
R.K. Puram
New Delhi-110066
India
Tel:(91-11) 26105353, 26105353
Fax: (91-11) 26186567, 26197984
Email:comm@ncrb.nic.in
High Commission of India in UK:
High Commission of India
India House
Aldwych
London
WC2B 4NA
Tel:020 7836 8484
Fax: 020 7836 4331
Email:administration@hcilondon.in
Website:www.hcilondon.in

India – Know Your Customer (KYC) Rules

India is a regional financial center, with a rapidly growing economy and well-developed formal and informal financial systems. India‘s extensive informal economy and remittance systems, porous borders, persistent corruption, and onerous tax administration and currency controls contribute to its vulnerability to economic crimes (including fraud, cyber crime, and identity theft), money laundering, and terrorist financing. Tax avoidance and the proceeds of economic crimes are the mainstays of money launderers in India, but laundered funds are also derived from narcotics trafficking and trafficking in persons, transnational organized crime, illegal trade, and corruption. Transnational criminal organizations use offshore corporations and trade-based money laundering to conceal the proceeds of crime. Criminal networks exchange high-quality counterfeit currency for genuine notes, which facilitates money laundering.

India‘s porous borders and location between heroin-producing countries in the Golden Triangle and Golden Crescent make it a frequent transit point for drug trafficking. Proceeds from Indian-based heroin traffickers re-enter the country via bank accounts, the hawala system, and money transfer companies.

India is also a significant target for both domestic and foreign terrorist groups. Several indigenous terrorist organizations coexist in various parts of the country; many are linked to external terrorist groups with global ambitions. Terrorist groups often use hawaladars and currency smuggling to move funds from external sources to finance their activities in India. Indian authorities also report they have seized drugs sold by India-based insurgents to production and/or trafficking groups in neighboring countries.

High-level corruption both generates and conceals criminal proceeds. Illicit funds are often laundered through real estate, educational programs, charities, and election campaigns. Companies use trade-based money laundering to evade capital controls.

India licenses seven offshore banking units (OBUs) to operate in Special Economic Zones (SEZs), which were established to promote export-oriented commercial businesses, including manufacturing, trading, and services (mostly information technology). As of November 2011, there were 143 SEZs in operation, with another 582 SEZs formally approved. Customs officers control access to the SEZs. OBUs essentially function as foreign branches of Indian banks, but with defined physical boundaries and functional limits. OBUs are prohibited from engaging in cash transactions, can only lend to the SEZ wholesale commercial sector, and are subject to the same anti-money laundering/counter-terrorist financing (AML/CFT) provisions as the domestic sector.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: YES

India – KYC covered entities

 

The following is a list of Know Your Customer entities covered by Indian Law:

    • Banks and merchant banks
    • Insurance companies
    • Housing and non-banking finance companies
    • Casinos
    • Payment system operators
    • Authorized money changers and remitters
    • Chit fund companies
    • Charitable trusts that include temples, churches and non-profit organizations
    • Intermediaries
    • Stock brokers
    • Sub-brokers
    • Share transfer agents
    • Trustees, underwriters, portfolio managers and custodians
    • Investment advisors
    • Depositories and depository participants
    • Foreign institutional investors
    • Credit rating agencies
    • Venture capital funds
    • Collective schemes including mutual funds
    • The Post office

India – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 20,698 from April 2010 to March 2011

Number of CTRs received and time frame:  8,687,107 from April 2010 to March 2011

The following is a list of STR covered entities covered by Indian Law:

    • Banks and merchant banks
    • Insurance companies
    • Housing and non-banking finance companies
    • Casinos
    • Payment system operators
    • Authorized money changers and remitters
    • Chit fund companies
    • Charitable trusts that include temples, churches and non-profit organizations
    • Intermediaries
    • Stock brokers
    • Sub-brokers
    • Share transfer agents
    • Trustees, underwriters, portfolio managers and custodians
    • Investment advisors
    • Depositories and depository participants
    • Foreign institutional investors
    • Credit rating agencies
    • Venture capital funds
    • Collective schemes including mutual funds
    • The Post office

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: 36 from April 2006 to March 2011
Convictions: zero

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

India is strongly committed to implementing an effective AML/CFT framework and has taken numerous steps to improve its AML/CFT regime and bring it into compliance with international standards. In 2011, the Government of India (GOI) drafted amendments to the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act that would expand the scope of India‘s AML/CFT regime to cover several designated non-financial businesses and professions, including jewelers and real estate firms. The draft amendments also would address deficiencies with respect to the criminalization of money laundering and terrorist financing and to confiscation and provisional measures, including by making money laundering a stand-alone offense and allowing authorities to attach property even if the predicate offense is not proven.

In 2011, the financial services regulators issued an extensive range of enforceable circulars improving customer due diligence requirements, including with respect to customers and transactions involving countries with ―strategic AML/CTF deficiencies.‖ In addition, the FIU enhanced outreach to the financial sector on suspicious transaction reporting, revised the cash and suspicious transaction reporting format for non-banking financial companies, and streamlined an electronic reporting format for CTRs and STRs, resulting in a significant increase in the number of STRs filed with respect to both money laundering and terrorist financing.

Despite these important steps, deficiencies remain. Since Parliament has not yet approved the draft PMLA amendments, India lacks both effective criminal asset forfeiture provisions and conspiracy laws. Moreover, effective implementation of the current law remains a significant concern. Despite increased law enforcement resources, as of April 2011, there were still no money laundering convictions or confiscations. Law enforcement typically opens substantive criminal investigations reactively, after an offense is discovered, and seldom initiates proactive analysis and long-term investigations. At the prosecutorial level, there is an appropriate focus on terrorist financing; however, this effort has yet to be followed up convincingly by convictions and firm case law. Furthermore, while the GOI has taken action against certain hawala activities, these successes generally stem from prosecuting primarily non-financial businesses that conduct hawala transactions on the side.

Levels of training and expertise in financial investigations involving transnational crime or terrorist-affiliated groups vary widely among the federal, state, and local levels and depend on the particular jurisdiction‘s financial capabilities and perceived necessities. U.S. investigators have had limited success in coordinating the seizure of illicit proceeds with their GOI counterparts. While intelligence and investigative information supplied by U.S. investigators have led to numerous money seizures, a lack of follow-through on investigational leads has prevented a more comprehensive offensive against offenders and related groups.

The GOI is taking steps to increase financial inclusion through ―small [banking] accounts‖, but should consider further facilitating the development and expansion of alternative money transfer services, including mobile banking, domestic funds transfer, and foreign remittances. Such an increase in lawful, accessible services would allow broader financial inclusion of legitimate individuals and entities and reduce overall AML/CFT vulnerabilities, particularly in the rural sector, by shrinking the informal network. The GOI also should establish a clear safe harbor provision for those filing STRs in good faith.

In May 2011, India ratified both the United Nations Convention against Corruption and the United Nations Convention against Transnational Organized Crime.

Risk

Sovereign risk

The score for this risk rating remains on the cusp of the BBB band. A clearly stated framework for narrowing the budget deficit as a proportion of GDP in fiscal year 2015/16 (April-March), which is currently missing from the government’s policy prescriptions, would prompt an upgrade.

Banking sector risk

The outlook for the banking sector has improved as a result of several regulatory initiatives undertaken by the RBI. State-run banks remain under stress because of bad debts, but recapitalisation efforts are under way.

Political risk

The parliamentary majority of the centre-right BJP in the lower house has greatly improved the outlook for political stability. However, the party’s weak presence in the upper house of parliament will restrict the rapid implementation of reforms, and the risk of external conflict will prevent a significant improvement in the political risk outlook.

Economic structure risk

India’s substantial level of government debt, low per‘head income levels, and shortcomings in the quality and timeliness of official data constrain the country’s rating for economic structure risk.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Jammu and Kashmir (see Advisory)

There are risks of civil disorder and acts of terrorism in many districts of Jammu and Kashmir, and the Indian army has been given special powers in this state. The prevailing security threat remains at a high level. There are sporadic violent clashes between militants and Indian security forces, and occasional terrorist attacks against Indian security forces, in the Kashmir valley and Jammu region of the state. Civilians have been killed or injured during such attacks. You could find yourself in the wrong place at the wrong time.

Street demonstrations by the general public are easily triggered and can become violent; in the past, some have resulted in fatalities. Curfews and other mobility restrictions can be imposed by local authorities on short notice.

A strong military presence remains on both sides of the Line of Control (the military control line between India and Pakistan). Unmarked border areas, landmines and unexploded munitions constitute a risk.

Terrorism

There is a continuing threat of terrorist attacks throughout India at all times, including attacks targeting public transportation and places frequented by foreign visitors and expatriates. Maintain a high level of vigilance, monitor local news reports, follow the advice of local authorities and avoid demonstrations and large gatherings. Exercise caution around tourist and religious sites, government installations and during public events such as cultural festivals. Be particularly vigilant during the Indian holiday period, which is between October and January, as well as in the lead-up to and during periods of national significance, such as Diwali, Republic Day (January 26) and Independence Day (August 15), as militants have used such occasions to mount attacks. If you see an unattended package, immediately leave the area and report the package to authorities.

Terrorist attacks have occurred throughout India, often taking the form of remotely detonated bomb blasts in crowded markets of major centres at the peak shopping time, the early evening. On May 1, 2014, two explosions took place on a train arriving at the station in Chennai. Six explosions occurred in a park in Patna on October 27, 2013, where a large crowd had gathered for a political campaign rally. An explosion took place near the office of a political party in Bangalore on April 17, 2013. Two explosions occurred in a crowded neighbourhood in Hyderabad on February 21, 2013. Many people have been injured or killed as a result of these attacks.

Insurgency

Maoist extremist groups, known as Naxalites, are most active in areas identified by the Government of India as left-wing extremist states, which include Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Uttar Pradesh and West Bengal. Naxalites, who are responsible for more terrorist attacks in India than any other organization, are usually based in rural and forested areas within the left-wing extremist states. They mainly target government and security forces; in March 2012, however, two Italian citizens were kidnapped by Naxalites in Odisha State.

There are frequent bombings and attacks by extremist groups in the northeastern state of Manipur. The Manipur-Burma, Assam-Bangladesh, Nagaland-Burma and Arunachal Pradesh-Burma border areas are also affected by insurgency. Trains and railway tracks are sometimes targeted. While tourists have not been specifically targeted, bystanders can be affected.

Crime

Petty crime, including pickpocketing and bag snatching, is common. Ensure that your passport and personal belongings are secure at all times, as passports and valuables have been stolen from luggage on trains and buses. Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as they may contain drugs that could put you at risk of sexual assault and robbery.

Women’s safety

Reports of serious assault, rape and sexual aggression against foreign women have increased. Staring, vulgar comments and groping are not uncommon. Foreign women are often a target for unwanted attention. Avoid travelling alone, particularly at night, on public transportation, taxis and auto-rickshaws, as well as in less populous and unlit areas, including city streets, village lanes and beaches. Dress conservatively and respect local customs. Should you feel threatened, dial 100 (112 from cellular telephones) to reach police. See Her own way – a woman’s safe-travel guide for travel safety information for Canadian women.

fraud

Scams involving the export of jewels and/or carpets have occurred. Taxi drivers may approach you offering money to export such items. Do not accept any offer, no matter how convincing. Beware of offers for cheap transportation or accommodation. See Overseas fraud: an increasing threat to the safety of Canadians for more information on scams abroad.

Demonstrations, large gatherings and unrest

Political rallies and demonstrations are frequent throughout the country and can turn violent, particularly around elections. Both domestic and international political events can trigger large-scale demonstrations that may include civil unrest. Curfews are occasionally imposed and significant disruptions to traffic and public transportation may occur.

Inter-communal violence occasionally occurs, and can escalate and spread quickly.

Stampedes have occurred during large gatherings at events, including religious ceremonies, resulting in deaths and injuries.

Avoid all demonstrations and large gatherings, follow the advice of local authorities and monitor local media.

Transportation

Traffic drives on the left. Be very careful when crossing the street, even at pedestrian crossings. Travel by road is dangerous. Most roads, including major highways, are poorly maintained and traffic is congested. Drivers have little regard for traffic regulations and do not follow safe driving practices. After dark, avoid travelling outside urban centres as well as any travel by motorcycle or scooter. Use only officially marked taxis, pre-negotiate the far, and seek information from authorized service counters at airports or railway and bus stations. There is a possibility of mob anger when accidents cause serious injury. In such cases, remain in your vehicle and drive to the nearest police station to report the accident.

The four land links between India and Pakistan are highly restricted. See the Travel Advice and Advisories for Pakistan if you plan on travelling to that country. Border crossings (road and rail) are open on a limited basis only, and travellers should inquire in advance.

Rail accidents are common in India, mostly due to poor maintenance. Air and rail traffic in northern India is sometimes affected by cancellations and rescheduling in December and January, due to fog.

Maritime accidents are also common and are often caused by poor safety practices. Do not board vessels that appear overloaded or unseaworthy.

See Transportation Safety in order to verify if national airlines meet safety standards.

Piracy

Pirate attacks occur in coastal waters and, in some cases, farther out at sea. Mariners should take appropriate precautions. For additional information, consult the Live Piracy Report published by the International Maritime Bureau.

Trekking

If you intend to trek:

a) never trek alone;

b) always hire an experienced guide and ensure that the trekking company is reputable;

c) buy travel health insurance that includes helicopter rescue and medical evacuation;

d) ensure that you are in top physical condition;

e) advise a family member or friend of your itinerary;

f) know the symptoms of acute altitude sickness, which can be fatal;

g) register with the nearest Canadian government office in India; and

h) obtain detailed information on trekking routes before setting out.

Emergency services

Dial 100 to reach police (112 from cellular telephones), 102 for ambulance and 101 for firefighters.

Address Format

RECIPIENT

[HOUSE_NUMBER] [STREET_NAME]
[DEPENDENT_LOCALITY] [, DOUBLE_DEPENDENT_LOCALITY]
LOCALITY – POSTAL_CODE
INDIA

Sample

Geeta Vadhera
1 Palam Vihar Marg
Chauma
Palam Vihar
Gurgaon – 122017
INDIA

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-08-29 01:00 PM Q2 5.7% 4.6% 5.3% 4.96%
2014-11-28 12:00 PM Q3 5.3% 5.7% 5.1% 4.96%
2015-02-09 12:00 PM Q4 7.5% 8.2% (R) 5.5% 5.75%
2015-05-29 01:00 PM Q1 7.5% 8.16%
2015-08-31 01:00 PM Q2 8.5%
2015-11-30 12:00 PM Q3 8.53%

 

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