Legal Question in Criminal Law in India
I run a transportation company and during the course of my business I have to hire drivers on contract regularly. The drivers' residential and permanent addresses are located in other states and it is not possible for a transportation company to verify their addresses and ultimately their character.
The police department has setup a system to get the domestic servants/employees/tenants etc verified at the local police station by submitting the relevant forms and documents and a nominal fee in the form of a pay order favouring the Commissioner of Police of the city, however they do not cooperate in verification of these drivers from other states/villages/cities saying that they cannot verify people who dont live in their jurisdiction.
My question is whether there is a provision in law, whereby I can send the details for verification of a prospective driver by registered post to the local police station in whichever state/village the driver belongs to:
1. Avoid any instance of criminal activity by the driver to take place and
2. Indemnify myself as an irresponsible employer, from any possible crime the driver may commit during the course of his contract with my company.
If the same is possible, then, is there a provision whereby the respective local police is obliged to give me a reply with their confirmation/inference of their verification in a particular time frame to help me to base my decision of hiring the particular driver.
Since whenever an incident happens and we approach the police to help us nab the said driver, the police asks whether the driver was verified before being hired and even if they do submit the documents, the residential address or other details turns out to be a forged document since a criminal already with an intention to commit a crime would not submit original documents.
A side question, related to the subject, we as transporters face a similar problem with the driving license of the drivers issued by the local RTOs across the country. Since our country does not have a central database of licenses, a driver can easily get duplicate licenses issued by different RTOs and it is again not possible to check with RTOs across the country to verify the legality of the driver�s license by going to an RTO in person, is there a provision whereby drivers licenses can be verified by sending a registered post and the verification fees in form a pay order and get a reply from the RTO Office in a specified time frame.
Thanking you in anticipation of a helpful reply,
M.S.
1 Answer from Attorneys
you meet the senior police official with the problem and the servant verification the police does is of people who come from far off states. The intention is good you try taking up the issue with the police and if they refuse you may approach the court seeking necessary directions. contact 9312411481
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