An arrest memo was issued in my name by Indian police in cyber crime case(signed by me) but I was never physically arrested(but was on police bail too,and later on judicial bail), in government job application form there’s a question, have u ever been arrested is answer no or yes?

Community › Forums › Legal Advice India › An arrest memo was issued in my name by Indian police in cyber crime case(signed by me) but I was never physically arrested(but was on police bail too,and later on judicial bail), in government job application form there’s a question, have u ever been arrested is answer no or yes?

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    • April 25, 2025 at 7:53 pm #8234 Reply
      Bravenandini2756
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        Bravenandini2756
        PARTICIPANT
        April 25, 2025 at 7:53 pm
        An arrest memo was issued in my name by Indian police in cyber crime case(signed by me) but I was never physically arrested(but was on police bail too,and later on judicial bail), in government job application form there’s a question, have u ever been arrested is answer no or yes?

      • April 26, 2025 at 5:28 am #8237 Reply
        Urbanvenkat4247
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          U
          Urbanvenkat4247
          PARTICIPANT
          April 26, 2025 at 5:28 am
          Intresting question. Let’s see what lawyers have to say. CFBR

        • April 26, 2025 at 5:47 am #8236 Reply
          Sonudude236
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            S
            Sonudude236
            PARTICIPANT
            April 26, 2025 at 5:47 am
            Answer No. However, give full details of the case and whether chargesheet is filed or not

            This is a grey area as the question itself asks only Yes/No only. However, if details of cases lodged are found during verification, Appointing Authority may consider this as “suppression of relevant information” and cancel the appointment.

            There are various SC/HC judgements on both sides of the spectrum. In one judgement, the SC has sided with the candidate who answered NO. But, each case has its own micro-context, hence, it is better not to take a risk.

            If you are acquitted, then the appointment stands. Even if you are convicted, the Appointing Authority can take a liberal stand depending on the nature of the case (key term here is moral turpitude, eg, if you are caught driving without a helmet, a case may be filed by police under relevant sections, but such cases are considered trivial so it doesn’t impact appointment)

            PS- Not a lawyer but have handled plenty of C&A verification cases, including cases similar to the one mentioned by OP.

          • April 26, 2025 at 12:19 pm #8235 Reply
            Clevereagle2911
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              C
              Clevereagle2911
              PARTICIPANT
              April 26, 2025 at 12:19 pm
              Quash it in high court and ask for a direction to remove from police database.

              • April 27, 2025 at 9:42 am #8238 Reply
                Bravenandini2756
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                  B
                  Bravenandini2756
                  OP
                  April 27, 2025 at 9:42 am
                  What is approx cost for this,provided case is dismissed

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