An application for a Non-Involvement in Offences Certificate cannot be denied solely due to pending criminal cases, and details of such cases must be included in the certificate.

O R D E R Dated this the 16^th day of January, 2026 This is a petition filed under Section 528 of the BNSS praying for giving a direction to the 3^rd respondent to issue a Non-Involvement in Offences Certificate (NIOC) for the petitioner.

2. According to the learned counsel, at first, the 3^rd respondent rejected his application as per Annexure A. Subsequently, he received Annexure E communication stating that he is involved in crime No.814/2025 of Vallikunnam Police Station. Relying upon the decision of this Court in Abhirami Girish v. State of Kerala and Another (Crl.M.C. No.8310/2024 decided on 16.10.2024), the learned counsel would argue that merely because there is a case pending against the petitioner, the certificate cannot be denied and the option available to the 3^rd respondent is to mention about the details of the case while issuing the certificate. In the above decision, in paragraphs 9 and

10 this court observed as follows:

“9. As found by this Court in Shibu K.R. ’s case (supra), Section 59 of the KP Act , does not contemplate issuance of certificate showing involvement of offence/s. It is noticed that, issuance of Non-Involvement in Offences Certificate emerges, when a person wants to get employment or any other assignment, for which, such a certificate is necessary, as insisted by the Authority concerned. Therefore, if a blanket certificate, rejecting issuance of Non-Involvement in Offences, on the ground of pendency of crime/s, may prejudice the right of the accused person/s. To put it otherwise, even though there may be instances where a person applied for Non-Involvement in Offences Certificate, got involved in crimes of trivial nature, which the Authority insisting the certificate, can ignore the same because of its trivial stature. That is to say, if the offence/s is/are so trivial, then, mere pendency of the case/s may not be a reason for the person, who applied for the certificate, to get expelled from the employment or assignment or to find him as unsuitable. Similarly, when the offences are grave in nature, the employer/Authority can take an appropriate decision in terms of the certificate.

10. In such circumstances, even though Section 59 of the KP Act does not provide issuance of a certificate detailing crimes involved by the petitioner, it is well and good in the interest of justice to issue a certificate, specifying the existence of criminal case/s against the applicant with their numbers, nature of offence/offences with section/s of law, the Court where the cases are pending. The certificate shall state the details of the cases disposed off relating to the applicant with the result thereof, specifying conviction, acquittal, discharge, quashment, etc., so that the Authority insisted production of the certificate, to take an appropriate decision.”

3. In the light of the above decision, this Crl.M.C is allowed with a direction to the 3^rd respondent to issue Non-involvement In Offence Certificate (NIOC) to the petitioner, specifying the existence of the criminal cases with their numbers, nature of offences with sections of law, the court where the cases are pending etc., as detailed in paragraph 10 of Abhirami Girish (supra), within a period of two weeks from today.

Sd/-