Thursday, January 27, 2011

The Real Deal Behind India's Criminal Record Searches

by Steven Brownstein
Criminal Records History Retrieval  - India
Briefly (we will use Bangalore, Karnataka as an example):
India is divided into states. Karnataka, as an example, is a state in India.  Karnataka is divided into Districts (similar to U.S. counties). Each District is comprised of cities, towns, and villages. Bangalore is the capital of Karnataka and the seat of the District of Bangalore.
Criminal records are available to the public at many levels. At the end of this tutorial, we will explain the differences and benefits of each type of record search.
India Police and Record Keeping
Thare are several levels of police in India. From the bottom up:
Local police
City Police
District Police or State Police
National Police
Local Police Records
The most basic search is at the local police.
Each local police station keeps its own records.
They do not have direct access to city-wide records.
They report information to the City Police.
Note: Most local India researchers use the local police as their source of information.  Most researchers in India call by telephone directly to a local police station for search requests. There is no charge from the local police for this service. Turnaround times vary based on the availability of staff at that police station. They try to determine which police station to check by comparing addresses. One rather large problem incurred by India researchers is the accuracy of  the search as local maps are rarely available to pinpoint the correct local police station.
City Police Records
City Police keep records reported by all the local police stations in the city.
These records are available to the public.
For example, the Bangalore City Police charge Rs200 (about US$5) for a city wide search. Turnaround time is about two weeks. The results include all records for the city of Bangalore.
District or State Police Records
Every District has a State Police District Police Department. The District and State level police records are held by the State Police. These records are not available to the public except in some cases of foreigner arrests.
India Courts And Record Keeping
Each state has a similar court structure, i.e., a High Court, District Courts, and Magistrate Courts.
All court records are public unless sealed by the Court.
Cases heard at the District Court are comparable in the U.S. as felonies and serious misdemeanors.
The court records are computerised. The records are controlled by each state's High Court. The NIC (National Informatics Centre) based in New Delhi controls the computerisation of these records.
All state court records are centralized at the High Court. Computerisation has made this possible. Ideally, one could search all District and Magistrate Court cases at the State (High Court) level.
A previous court hardware glitch in the Court's computer system has made integration not possible at all High Courts so some District or Magistrate Courts need to be individually searched.
Comparison Between Police And Court Searches
The differences between police searches and court searches are glaring.
Local Police Record Check vs. Magistrate Court Search
Local police department searches focus on arrests made at that police station only.
The prosecution of cases from the local police are heard at a Magistrate Court or District Court.
Each Magistrate Court hears cases from several or more local police stations.
Therefore magistrate court cases cover a wider area than local police and are preferable.
City Police Record Check vs. Magistrate Court Search
City police department searches focus on arrests made in that city only.
Since magistrate courts cover only a slice of a city (or District) city police searches are favorable over a magistrate court search as they cover a wider area.
District Court Search vs. City Police Record Check
District Court cases cover all cities in the District. They would include all cases of the type most favorable to U.S. pre-employment screening standards.
District court cases cover a wider area than city police thereby making this the most preferred search (of all search types) barring future access to sate-wide or national records.

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