Section 151 Shanti bhangh

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    • #3843

      Section 151 CrPC
      Hello sir,
      Sometime back, me and my friend boarded an Ola cab whole coming back from a party and my friend had a minor scuffle with the driver That scuffle escalated and resulted in a physical fight between the driver and my friend. My friend was hurt pretty badly. The Ola driver called a number of guys and beat up my friend. Although I did not get hurt. But the driver registered a complaint against the both of us and took us in under section 151, stating breach of peace. We were released within a couple of hours after going to the ACP office. Now I’m worried about 3 things : First, my passport is about to expire, and will I have a problem in getting a renewed passport. Second, will this show as a record while applying for a visa to UK/US/Europe? I have travelled to all these areas previously. Third, will I have a problem in getting a police verification done for the government job?

      Thanks a lot in advance sir/madam

    • #3845

      Firstly, note that Section 151 (of Cr.P.C.) is only a preventive arrest and not a punitive custody or a custody for commission of a crime.
      Secondly, usually, Section 151 arrest is followed by a proceeding for obtaining a bond for keeping peace, etc. (such as under Section 106 of the Cr.P.C.). It is not clear whether any such further proceedings were initiated against you.
      Thirdly, you should check whether your arrest was officially shown in police records as an arrest. This is so because many a time it is noticed that police may simply detain a person for 2-3 hours but may not finally show the arrest in their records.
      Fourthly, if your formal arrest is shown in the police records, then you should provide correct details in a transparent manner about such arrest when applying for renewal of the passport. If it was only Section 151 Cr.P.C. arrest without any other / subsequent proceedings, normally it should not come in the way of renewal of passport. However, if any other proceedings are pending, then it depends. Read: Can a person get passport during pendency of criminal case?
      Normally, such preventive arrest should not come in the way of a Government job, however, it is a decision to be taken by the concerned authority. But you should declare it transparently in the police verification form.
           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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