A police clearance certificate (PCC) is an official document issued by the Indian Police or government authority in India. It certifies criminal records an individual having. A PCC authenticates/certifies that a person does not have a criminal record or the details of the criminal record/history of criminal record.
PCC is a distinct miscellaneous service. The purpose of PCC is to establish criminal antecedent of an applicant. Further, it is used by foreign countries to process long term immigration requests of applicants who, inter alia, desire to apply for permanent residency. Issuance of PCC indicates absence of criminality or any criminal antecedent of an applicant/petitioner.
A PCC is needed by all Indian Citizens who apply for a visa for visiting/emigrating to a foreign country. The PCC has to be produced before the concerned Embassy/Consulate alongwith the valid Indian Passport and other necessary documents. The PCC may also be needed by Indian citizens living/working abroad who wish to apply for foreign citizenship or for permanent residential status in a foreign country.
Where to Apply?
Indian nationals residing in India can approach local Police Stations, Passport Offices, and Passport Seva Kendras (Passport Seva, PSP Division, Ministry of External Affairs, Government of India) of their jurisdiction for obtaining PCC Indian nationals residing outside India needs to approach the concerned Indian mission in the foreign country for obtaining PCC.
Also, foreign nationals residing in India if they wish to obtain a PCC needs to approach the office of the FRRO where they are registered or as per their place of residence in India.
In Delhi, the Delhi Police also provides web based Application of PCC without the need to go to police station for three purposes, as mentioned below:-
(i) Employment (Private Job) including PCC application pertains to pre-joining formalities of a Government job (including contractual basis etc.);
(ii) Emigration purpose; and
(iii) Applicants (Owners only) seeking renewal/afresh license who intend to run/running the (a) Eating House, (b) Lodging Houses, (c) Swimming Pools, (d) Cinematograph, (e) Auditorium and (f) Fire Crackers [except for issue & renewal of Arms License & Explosive License] from Licensing Unit of Delhi Police shall also apply in the existing portal of PCC.
The requisite fee is to be paid. PCC issued by Delhi Police bears a unique PCC number. Police Clearance certificate can be applied for anywhere on the Delhi Police website, but the person concerned must be a resident of Delhi.
Indian Embassies and Indian High Commission also issues PCC to Indian nationals who are seeking residential status, employment or long-term visa or immigration.
Foreign Nationals can also apply for Police Clearance Certificate for the period of employment or studies undertaken during their stay in India.
Foreign nationals can obtain a Police Clearance Certificate from the office of the
Foreigners Regional Registration Officer (FRRO) or from the District Police which is at their place of residence in India. Upon submission of the original, copies may be attested by the Indian Mission.
For this purpose, a foreigner has to apply online through online portal
https://indianfrro.gov.in/frro/ according to their present or previous Indian address. The online application will automatically be routed to the jurisdictional Foreigners Regional Registration Office (FRRO).
The FRRO will process the case and, after scrutiny & verification, issue the PCC through online e-FRRO system. Subsequently, the foreign applicant will receive the PCC from the concerned Foreigners Regional Registration Office.
Procedure and Documents Required
In case apply through Passport Seva Kendras (Passport Seva, PSP Division, Ministry of External Affairs, Government of India) the procedure is as follows:-
With different countries having different policies to treat immigrants, the PCC too involves a different procedure and documents for different countries. The steps involved in obtaining a PCC is classified into two: one set of steps are followed by the ECR countries and another set of steps are followed by non-ECR countries.
Currently, 17 countries have a different procedure and are known as "
Emigration Check Required" (ECR) countries. Any Indian going to any of these 17 countries for employment must get an emigration clearance. This clearance is necessary only if the Indian is going to the country for employment and no other purpose. These 17 countries are Afghanistan, Bahrain, Iraq, Indonesia, Kingdom of Saudi Arabia, Kuwait, Jordan, Libya, Lebanon, Malaysia, Oman, Qatar, Sudan, Syria, Thailand, UAE and Yemen.
Document
The documentation required for ECR countries is different for individuals with different skill sets, qualifications, gender and whether you’ve entered into the employment contract or immigrated directly or through a recruiting agent. Generally, the documents include Passport, valid visa, address proof, employment contract, documentary proof of applying for Residential Status or long-term visa or immigration, etc.
Procedure
An Indian passport holder residing in India can apply online for a PCC and the certificate will be issued to them online as well. The applicant has to register first on the online portal and then the service can be availed. The individual will not have to physically present himself before the concerned authority for submission of application or collection of the certificate. However, the applicant may be asked to visit the local police station for a brief background check or his/ her presence may be called during a field inspection. This complete online service has not been introduced in all states and states like Maharashtra and Delhi have introduced it. The Kerala Police too has permitted the online application system and has even allowed the applicant to authorize a person to collect the certificate on his behalf or have the certificate mailed to them to their foreign residence too. In other states, an applicant still can apply online but after filling the form online and making payment, one has to visit the Passport Seva Kendra (PSK)/Regional Passport Office (RPO) where an appointment has been booked, along with original documents for verification.
An Indian passport holder staying abroad needs to download the application form from the website of the concerned Indian Mission and submitted along with the supporting documents indicated.
Timelines
In case the application has no error and the applicant has taken all the required documents to the passport office for review, PCC may be granted on the same day itself at the office. However, in a lot of cases like where the applicant is a minor or the applicant’s current address is not the same as a permanent address, etc.,
police verification is ordered before granting PCC. In such cases, the time taken by the police and the passport office to grant a PCC may extend to even one month.
In case a person applies for
Police Clearance Certificate with the authorities mentioned above and for some or other reason, the PCC is not issued, or the application is rejected, then the concerned person may approach the High Court having the jurisdiction by invoking its Writ jurisdiction under Article 226. A foreign National could also approach High Court to redress its grievance.
Sometimes the question arises as whether the pendency of criminal case be the reason for not getting PCC. In its judgement the Kerala High Court has held that
if the petitioner is involved in a crime, a certificate has to be issued stating the nature of the offence in which the petitioner is involved. The Police Authorities cannot refuse to issue a certificate to the petitioner.
Conclusion
Mere involvement in a criminal case or any pending criminal case won’t solely be the reason for denial of a PCC. However, it may differ in different cases. As per the ruling of the Kerala High Court, the Police is required to issue the PCC and mention the nature of the crime committed by the applicant in the said Police Clearance Certificate.
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