One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A pending criminal case does not automatically disqualify you from switching jobs, but it can complicate background verification. You are not required to volunteer the information unless specifically asked. If the FIR is false or politically motivated, you have legal remedies including bail, quashing, and even suing for damages after acquittal.
Let's call him Arjun. A 26-year-old backend engineer working at a Bengaluru-based startup for nearly three years. Arjun spent countless nights grinding through DSA and building systems in Java, Python, and React. His plan was simple — complete three years, then switch to a role paying ₹18-25 LPA.
Then life threw a curveball.
In February 2025, his grandmother passed away. He went back to his hometown, Indore. A decades-old land dispute with neighbours boiled over. Both families went to the police station. Arjun wasn't even present during the alleged scuffle. But the other side had political connections. They influenced the investigation. His name got included in an FIR under what was then Section 307 IPC (now corresponding provisions under BNS) — attempt to murder. That's how serious it got.
He hired a local lawyer. The case dragged. He had to travel from Bengaluru to Indore every three to four weeks for court dates. His interviews went well. Offers came in. But every time background verification loomed, he froze. Would they reject him? Should he tell them upfront?
That's when he approached the Chamber of Advocate Sudhir Rao. The office reviewed his documents, the FIR, the bail order. They advised a two-pronged strategy — handle the criminal case efficiently while giving him clear guidance on how to manage job interviews and BGV. Advocate Sudhir Rao's expertise in criminal trial strategy and bail law helped secure a favourable bail order quickly and reduce his court appearances to once every two months. That alone changed his situation dramatically.
Key Facts of the Case
- Arjun was named in an FIR for attempt to murder (Section 109 BNS read with Section 326 BNS) based on an old land dispute.
- He was not present at the scene of the alleged incident; the complaint was filed by a neighbour with political backing.
- A local lawyer had secured his bail, but the case continued with frequent court appearances.
- Arjun received multiple job offers in the ₹15-25 LPA range but feared background verification would reveal the pending case.
- The Chamber of Advocate Sudhir Rao obtained a bail modification order reducing court appearances to once every two months.
- The FIR is not a conviction — it is only an allegation under investigation or trial.
- Most Indian IT companies check for convictions during BGV, but the process varies by employer and policy.
The Direct Legal Answer
Will companies reject me if they find this pending criminal case?
Not necessarily. Most Indian companies conduct background verification to check for criminal convictions, not pending cases. However, some employers — especially large multinationals or those with strict compliance policies — do ask about pending cases. The answer depends on the specific company's BGV policy and the stage of your case (chargesheet filed vs investigation ongoing).
Should I disclose it proactively if asked?
If the employer's BGV form specifically asks about pending criminal cases, you must answer truthfully. Lying on a BGV form can itself be grounds for termination later. If the form asks about convictions only, you do not need to volunteer information about a pending case. Here's the nuance — some forms also ask about "cases pending trial." Read the question carefully before answering.
Is it better not to mention it unless specifically asked?
Correct. Do not volunteer information that is not requested. If the BGV agency checks court records and raises a flag, you will be given a chance to explain. At that point, you can provide your bail order, the FIR, and a written explanation that the case is false and politically motivated.
Can I sue if I am denied a job because of this and later acquitted?
Yes. You can potentially claim damages for loss of opportunity, especially if the employer acted unreasonably and the case was clearly false. But this is a developing area of law — you would need to prove bad faith on the employer's part.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, get your bail conditions reviewed. If frequent court appearances are hurting your job prospects, your advocate can file for exemption from personal appearance under Section 207 BNSS or seek a modified bail order that allows your lawyer to represent you for routine dates.
Third, keep all documentation ready — the FIR, your bail order, a copy of the chargesheet if filed, and an affidavit explaining your absence from the scene. This will help you respond quickly if BGV raises a concern.
This type of case involves nuanced bail strategy and procedural management. A general practitioner may not know how to get court attendance reduced or how to prepare your defence for a quick acquittal. Engaging an advocate who regularly handles criminal trials with false FIRs makes a real difference.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita, 2023, the relevant provisions include Section 109 (attempt to commit murder punishable with imprisonment for life or up to ten years and fine) and Section 326 (voluntarily causing grievous hurt by dangerous weapons or means).
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the key provisions are Section 207 (power of court to dispense with personal attendance of accused), Section 480 (bail in non-bailable offences), and Section 528 (inherent powers of High Court to quash proceedings).
For quashing an FIR, the jurisdiction lies under Section 528 BNSS read with Article 227 of the Constitution, based on well-established principles — if no prima facie case is made out or the proceedings are an abuse of process.
Punishment and Penalties
Under Section 109 BNS, attempt to murder is punishable with imprisonment for life or imprisonment up to ten years, and fine. If hurt is caused, the imprisonment may extend to ten years. The offence is cognizable and non-bailable. It is also non-compoundable, meaning the parties cannot simply settle it privately and walk away — the court must acquit or convict based on evidence.
For Section 326 BNS, voluntarily causing grievous hurt by dangerous weapons is punishable with imprisonment up to ten years and fine. It is also cognizable and non-bailable.
Jurisdiction — Where to File the Case
The FIR is registered at the police station within whose territorial jurisdiction the alleged offence occurred. In Arjun's case, that police station was in Indore. The trial will be held before the Magistrate or Sessions Court depending on the severity of the offence. Since attempt to murder is triable by a Sessions Court, the case will be committed there after the Magistrate takes cognizance. Jurisdiction matters because you may need to travel to that city — hence bail modification to reduce court appearances becomes critical.
What if Police Refuse to File FIR?
If the police refuse to register an FIR for a cognizable offence, you have several remedies:
- Approach the Superintendent of Police under Section 173(4) BNSS with a written complaint.
- If the SP also refuses, file a private complaint before the Magistrate under Section 175(3) BNSS.
- As a last resort, file a writ petition before the High Court seeking direction to register an FIR.
Rights of the Accused
- Right to remain silent — Article 20(3) of the Constitution protects against self-incrimination.
- Right to legal representation — Article 22 guarantees the right to consult and be defended by an advocate of your choice.
- Right to be produced before a Magistrate within 24 hours of arrest — failing which the custody becomes illegal.
- Right to a copy of the FIR — this is fundamental to know the allegations against you.
- Right to be informed of grounds of arrest at the time of arrest itself.
Bail Provisions
Attempt to murder under Section 109 BNS is a non-bailable offence. This means bail is not a matter of right. However, you can apply for regular bail under Section 480 BNSS before the Sessions Court. The court will consider factors like the strength of the evidence, your criminal antecedents, and the likelihood of you tampering with evidence or fleeing.
Anticipatory bail under Section 482 BNSS can be sought if you fear arrest. The court may grant pre-arrest bail with conditions — typically a bond amount, surrendering your passport, and appearing before the investigating officer as required.
In Arjun's case, regular bail was granted by the Sessions Court with a condition to appear every month. The office later got that modified to once every two months plus the option of appearing through counsel.
Quashing of FIR / Case
Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings. The grounds for quashing include:
- No prima facie offence is made out from the FIR even if the allegations are taken at face value.
- The proceedings are an abuse of the process of court.
- The dispute is purely civil in nature and criminal law is being misused.
- The offence is compoundable and the parties have settled.
Quashing is not a quick remedy — it can take months or years. But in cases where the FIR is clearly false and the allegations are baseless, it is a strong option. For Arjun, since he was not even present at the scene, quashing was viable but would take time. The office advised pursuing regular bail first while building the quashing petition.
If You Are the Victim
- File a complaint at the nearest police station immediately after the incident — delay weakens your case.
- Collect all evidence — medical reports, photographs, CCTV footage, witness statements.
- Follow up regularly with the investigating officer and get a copy of the FIR.
- If the police do not act, approach the Superintendent of Police or file a private complaint before the Magistrate.
Documents You Must Keep Ready
- Copy of the FIR and any subsequent chargesheet
- Bail order and any modification orders
- Identity proof (Aadhaar, PAN, Passport)
- Evidence of your absence from the scene (travel records, call data records, witness affidavits)
- Employment offer letters, BGV forms, and correspondence with recruiters
- Land dispute documents (sale deeds, property tax receipts, earlier complaints)
- Any communication showing the political influence in the investigation
What Evidence Is Required?
- Primary evidence: your own testimony under oath, supported by documents showing you were not present at the scene
- Secondary evidence: call detail records showing your location, GPS data from your phone, travel tickets or hotel bills, bank transactions from that date
- Witness affidavits from neighbours or family members who saw you elsewhere
- The FIR itself — to show the allegations and whether they match the evidence
- Any CCTV footage or photographs from the scene that contradict the complainant's version
How the Police Behave in Such Cases
Police procedure varies widely by station and officer. In a politically influenced case, the investigation may be biased from the start. The investigating officer may not record exculpatory evidence or may delay filing the chargesheet. However, the courts are aware of this. If you have a good advocate, you can file applications to monitor the investigation, seek further investigation, or even transfer the case to another police station if bias is proven.
Timeline of Legal Process
- FIR registration: immediately after complaint, or within 24 hours for cognizable offences.
- Investigation: typically 60-90 days, can be extended by court order up to 90 days (beyond which the accused may be entitled to default bail under Section 187 BNSS).
- Chargesheet filing: within the investigation period; if not filed, accused can apply for default bail.
- Cognizance by Magistrate: after chargesheet, the court takes cognizance and issues process.
- Framing of charges: the court determines whether there is a prima facie case to put the accused on trial.
- Trial: can last 1-3 years depending on court workload, number of witnesses, and complexity.
- Judgment: after trial, the court delivers its verdict.
- Appeal: by either side to the High Court or Supreme Court.
How Long Will the Investigation Take?
For a non-bailable offence like attempt to murder, the police have 90 days to file the chargesheet. If they fail, the accused is entitled to default bail under Section 187 BNSS. In Arjun's case, the chargesheet was filed within 60 days — the investigation was quick, but biased. The court took cognizance and the case moved to trial.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
No — not for a non-compoundable offence like attempt to murder. Even if both parties agree to settle, the court cannot simply acquit you. You would need to go through trial and obtain a judgment of acquittal. However, a genuine settlement between the parties can be a strong mitigating factor — the court may consider it while granting bail or while evaluating the evidence. For compoundable offences, a compromise deed can be filed and the court can acquit the accused after verifying the settlement is voluntary.
Common Mistakes People Make
- Waiting too long before consulting a lawyer — delay can hurt your chances of getting favourable bail conditions or quashing.
- Speaking to the opposite party or police without your advocate present — any statement can be used against you.
- Posting about the case on social media — this can become evidence and weaken your defence.
- Missing court dates without proper exemption — this can lead to issuance of non-bailable warrants.
- Engaging a general practitioner who does not regularly handle criminal trial strategy — procedural and evidentiary nuances like getting court attendance reduced, managing default bail timelines, and building a quashing petition are often missed by non-specialist lawyers. This can prolong the case and increase stress.
FAQs People Normally Have
Will my passport be affected if I have a pending criminal case?
Not always. The court can impose a condition of surrendering your passport while granting bail. If it hasn't, you can apply for or renew your passport. However, some countries' visa processes may ask about pending cases — that is a separate question.
Can I travel abroad for work or vacation with a pending criminal case?
Yes, as long as the court has not specifically restrained you from travelling. For international travel, check if the court has imposed any condition. If not, you can travel, but keep your bail order and court contact details handy.
Should I tell my current employer about the case?
Probably not, unless your employment contract requires it. It is generally a personal legal matter that does not affect your current job unless you need to frequently travel for court dates — in which case you may need to discuss leave with your manager.
Can I get the FIR quashed without going to court personally?
Yes, your advocate can file the quashing petition on your behalf. However, the High Court may require your personal presence at some stage for verification. Quashing petitions for non-compoundable offences are treated seriously by courts.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.