S.59 Kerala Police Act: Kerala HC Orders Issuance of Detailed 'Involvement' Certificates if 'Non-Involvement' Not Possible, Aiding Employer Discretion - 2025-06-15

Kerala High Court Paves Way for Detailed Police Certificates for Job Seekers with Pending Cases

Thodupuzha, Kerala – In a significant ruling, the Kerala High Court has directed police authorities to issue detailed certificates—often referred to as Police Clearance Certificates (PCC) or Non-Involvement in Offences Certificates (NIOC)—to applicants, even if they have pending criminal cases. This certificate must specify the nature of the alleged offences and case status, enabling potential employers to make informed decisions rather than relying on a blanket denial of a "non-involvement" certificate.

The decision came in a petition filed by an individual accused in C.C.No.1669/2021 before the Judicial First Class Magistrate Court-I, Thodupuzha, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Case Background: Job Offer Hinged on Police Clearance

The petitioner, a technically qualified individual, had secured a job as an Aircraft Mechanic with AI Engineering Services Ltd. A crucial condition for his appointment was the submission of a PCC from the competent police authority. His online application for the certificate, submitted on September 19, 2024, was rejected by the police on September 25, 2024 (Annexure 5). The rejection was based on his involvement in Crime No.2064/2020 of Thodupuzha Police Station, where he faced charges under Sections 341 (wrongful restraint), 324 (voluntarily causing hurt by dangerous weapons or means), and 323 (voluntarily causing hurt) of the Indian Penal Code.

The petitioner argued that a mere pendency of a case should not automatically disqualify him from employment, especially if the offences are not directly relevant to the job.

Arguments Before the Court

Petitioner's Stance: The petitioner's counsel relied on previous High Court judgments:

* Sasikumar v. State of Kerala [2023 KHC 254]: This ruling emphasized that Section 59 of the Kerala Police Act, 2011 (KP Act) does not intend to deny employment opportunities simply because a criminal case is pending. It had directed the issuance of a PCC specifying the case details.

* Shibu K.R. v. State of Kerala (Crl.M.C.No.905/2024): This order reiterated that while Section 59 KP Act mentions a "Non-Involvement Offences Certificate," issuing a certificate detailing any involvement would not prejudice the applicant and would benefit the prospective employer.

The petitioner sought a certificate detailing the pending criminal case, its number, the nature of offences, and the court where it is pending.

State's Argument: The learned Public Prosecutor contended that Section 59 of the KP Act primarily contemplates issuing a certificate confirming a person's non-involvement in any offence, following due inquiry. It does not explicitly provide for issuing a certificate detailing criminal involvement.

Section 59 of the KP Act states: "Police to give certificates of non- involvement in offences.- The District Police Chief or the Station House Officer may, on the application of any person, give a certificate to the effect that such person is not involved in any offence after suitable enquiries and after realising such charges as may be fixed by the Government in this regard."

Court's Rationale: Balancing Justice and Information

The High Court acknowledged the literal interpretation of Section 59 KP Act but leaned towards a more practical and justice-oriented approach, referencing its prior decisions. The Court observed that a blanket rejection of a PCC due to any pending crime could be prejudicial.

The judgment highlighted:

"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."

The Court concluded that providing detailed information serves the interest of justice.

"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."

Final Order and Its Implications

Allowing the petition, the Kerala High Court directed the 2nd respondent (the concerned police authority) to issue the petitioner a Non-Involvement in Offences Certificate (Police Clearance Certificate) within three weeks. This certificate must specify:

* Details of any existing criminal case(s) against the petitioner.

* Case number(s).

* Nature of the offence(s) with relevant sections of law.

* The court where the case(s) are pending.

* Details of any disposed cases involving the applicant, including the outcome (conviction, acquittal, discharge, quashment, etc.).

This ruling provides significant relief to individuals seeking employment who may have pending criminal cases of varying severity. It ensures transparency and allows employers to assess the relevance and gravity of an applicant's criminal record, rather than a system that could lead to automatic disqualification based solely on the existence of a pending case.