College admission and criminal law

You are not guilty of any offence unless proved

Till the person is convicted the accused in any case is innocent and the matter remains sub-judiciary.

There is no bar on the college unless they have a policy to refuse admission to accused.

In the application form for the entrance examination is there any question asking you whether any criminal case has been instituted against you or whether you are on bail etc. If no such question is asked do not volunteer the infromation. If there is such a question, give the information and see what happens. If you pass the entrance examination the same as stated above will apply mutatis mutantis to your application for admission also. Good luck.

Your PM to me got accidentally deleted.

@Ekta you said "Till the person is convicted the accused in any case is innocent and the matter remains sub-judiciary." Very true. I wish this should happens always and ever. unfortunately the reverse happens in service matters. accused has to be treated guilty till acquitted.

In practical law quoting law does not help the person in distress. In a given situation one who gives advice should look at whom does balance of convenience favour. Under law a person is innocent until proven guilty. But how does it help the candidate here? In the present case the balance of convenience is on the side of the Institute. Whatever may be the position under law the Institute only has to refuse admission. It will be an uphill task for the candidate to get the decision reversed even if the law were on his side. Hence the best thing is to proceed as suggested by me. Think how to cross the hurdle when you reach it. The hurdle may not come at all.

Thanks Sudhir Sir & Ramani Sir, for the suggestions.

I wish to know,  if in case, hurdles comes,how to carry on and on what ground?

thnx every1 ....but im still not very clear with the answers...will there be any problem in university admissions if i get selected through competitive exams...im not talking about jobs cuz i know i wont  get a govt job if i have a criminal case pending..but about my further higher studies?will govt n private universities stop me from admissions?I CANT LET A FALSE CRIMINAL CASE RUIN MY STUDIES N CARRIER

No. You will not face problems in taking admissions due to these causes, unless you are planning to study overseas. I am reiterating the statement that I cited before "Till the person is convicted the accused in any case is innocent and the matter remains sub-judiciary."

Sudhir Sir, i agree with you, that "the reverse happens in service matters. accused has to be treated guilty till acquitted.".  But, In the given situation the individual has asked questions related to admission and not service matters.

 

@Ekta: How to face the hurdles? We shall think of them as and when they come.

@Sonali Sinha: Please see my earlier replies.

if the college/university  has a policy not to admit a person with criminal record then prima-facie unchallnageable unless found contrary to govt policy in this regard.

Having a criminal record and mere allegation of a criminal offence are two different things. Instead of presuming things he should apply answering only those questions which are asked in the application form. Face the situation thereafter as and when it comes.

I have to revise my opinions expressed so far:

IPC-323 is punishment for voluntarily causing hurt.

IPC-376 is punishment for rape.

IPC-417 is punishment for cheating.

IPC-323 may be a minor offence.

But IPC-376 - rape is a very serious offence. If the authority comes to know of the case they can ask the candidate to come clean out of the case before admitting him. Actually IPC-375 is rape and 376 is punishment for rape. As the queryist is asking only about 376 does it mean that 375 is proven.

IPC-417 is punishment for cheating. Does it mean that cheating has been proven