Affidavit of No Criminal Record (India)

An Affidavit of No Criminal Record in India records a sworn statement of fact made by the deponent, affirmed before an authorised officer for use as evidence.

The legal framework for criminal record declarations in India draws from multiple statutes. the Bharatiya Sakshya Adhiniyam (BSA) 2023 makes admissions — including sworn admissions about one's own past — relevant as evidence. The Oaths Act 1969 governs the administration of oaths before Notaries (appointed under the Notaries Act 1952), Magistrates, and other authorised officers. A false statement in an affidavit constitutes perjury under Section 193 of the Indian Penal Code 1860, now Section 229 of the Bharatiya Nyaya Sanhita 2023, punishable with imprisonment up to seven years.

The affidavit of no criminal record is distinct from a Police Clearance Certificate (PCC), which is an official government document issued by the local police or Passport Seva Kendra after verification of police records. A PCC carries higher evidentiary authority as it is issued by the state after inquiry, whereas the affidavit is a self-declaration. For many purposes — including employment, visa applications, and adoption proceedings — both documents are required: the PCC as government verification and the affidavit as personal declaration.

The Central Civil Services (Conduct) Rules 1964, issued under Article 309 of the Constitution of India, require Central government servants to maintain conduct of integrity and truthfulness. Many government appointment orders specifically require new appointees to submit an affidavit of no criminal antecedents as part of joining formalities. State governments have equivalent rules under their Civil Services (Conduct) Rules. The Department of Personnel and Training (DoPT), Government of India, has issued instructions requiring character and antecedent verification for all central government appointments, including submission of self-declarations by the candidate.

For election candidates, the Supreme Court of India in Association for Democratic Reforms v. Union of India (2002) (ADR case) directed that all candidates contesting elections must disclose pending criminal cases in their nomination affidavit. This constitutional obligation reflects the broader principle that criminal record is a matter of public interest in India, particularly for persons in positions of public trust. The Election Commission of India administers this disclosure requirement through Form 26 of the Conduct of Elections Rules 1961.

The legal framework governing the Affidavit of No Criminal Record (India) in India draws on several key statutes and regulatory bodies. In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Parties executing a Affidavit of No Criminal Record (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Oaths Act, 1969 sets the foundational requirements.

An Affidavit of No Criminal Record is required in India whenever a person must formally certify the absence of criminal antecedents for employment, immigration, professional registration, or contractual purposes.

Central and state government employment: Every person appointed to a Central government post must submit a character and antecedents verification form and, in many departments, a self-declaration affidavit of no criminal record as part of the joining formalities. The appointment remains conditional until the verification is complete. Positions in the civil services (IAS, IPS, IFS), defence services, paramilitary forces, judiciary, public sector undertakings, and state government departments all require this documentation.

Visa and immigration applications to foreign countries: The United States DS-160 visa application, the UK Standard Visitor visa, Canadian Express Entry, Australian skilled migration (Form 80), and Schengen visa applications all require disclosure of criminal records. Indian applicants are commonly asked to produce an affidavit of no criminal record from a Notary Public alongside a Police Clearance Certificate (PCC) issued by the passport office or local police. Countries that specifically require the affidavit include UAE, Saudi Arabia, Qatar, Australia, Canada, the UK, and most European nations.

Adoption proceedings under the JJ Act 2015 and CARA: The Central Adoption Resource Authority (CARA) requires prospective adoptive parents to undergo police verification and submit a self-declaration of no criminal record as part of the Home Study Report (HSR) documentation. Both the primary and secondary prospective adoptive parent must submit this declaration.

Professional licence and registration applications: The Bar Council of India requires advocate enrolment applicants to declare the absence of criminal convictions. The National Medical Commission (NMC), Institute of Chartered Accountants of India (ICAI), Institute of Company Secretaries of India (ICSI), and other professional bodies require similar declarations from registration applicants. State Bar Councils conduct independent verification.

Government tender and public contract eligibility: The General Financial Rules 2017 and Central Vigilance Commission guidelines specify that persons convicted of corruption, fraud, or certain other offences are disqualified from participating in government tenders. Bidders must submit affidavits of no criminal record for specified offences along with their bid documents.

Bank and NBFC loan applications for business loans: Major banks and Non-Banking Financial Companies require promoters and directors of borrower entities to submit declarations of no criminal record, particularly for large-value business loans, as part of the KYC and due diligence process under the RBI's Know Your Customer Master Direction 2016.

A complete and legally effective Affidavit of No Criminal Record in India must address all categories of criminal proceedings and comply with the documentation requirements of the authority for which it is intended.

Deponent's complete identity details: The affidavit must state the deponent's full legal name as on Aadhaar and PAN, date of birth in DD/MM/YYYY format, father's name, permanent residential address, and current address if different from permanent. Including the PAN number and Aadhaar number (partially masked for privacy) assists the receiving authority in identifying the deponent unambiguously.

Declaration regarding criminal convictions: The core declaration must state that the deponent has never been convicted by any court of law in India or abroad for any offence — whether a cognisable or non-cognisable offence under the Code of Criminal Procedure 1973 (now the Bharatiya Nagarik Suraksha Sanhita 2023), or under any special law including the Narcotic Drugs and Psychotropic Substances Act 1985, the Prevention of Corruption Act 1988, the Protection of Children from Sexual Offences Act 2012, the Prevention of Money Laundering Act 2002, or any other statute.

Declaration regarding pending criminal cases: The affidavit must separately declare that no criminal case, FIR, charge-sheet, or complaint is pending against the deponent in any police station or court in India or abroad. Many employers and foreign authorities distinguish between convictions and pending cases and require separate disclosure for each category. The absence of pending cases is often more significant than the absence of convictions for pre-employment and visa purposes.

Declaration regarding arrests and detentions: The affidavit should state that the deponent has never been arrested for any cognisable offence, has never been placed in preventive detention, and has never been held in judicial custody. Where the deponent was previously arrested but subsequently acquitted or the case was closed, this should be disclosed and explained rather than concealed, as discovery of concealment is more damaging than disclosure of a resolved matter.

Declaration regarding dismissal from prior employment: For government employment applications, the affidavit should additionally state that the deponent has not been dismissed or removed from any prior government employment for misconduct, corruption, or criminal activity, as required by the Central Civil Services (Conduct) Rules 1964.

Purpose specification: The affidavit should state the specific purpose for which it is being executed — for example, 'for submission to the [Appointing Authority / Embassy / CARA / Bar Council / Tender Authority] in connection with [the application for appointment / visa / adoption registration / advocate enrolment / bid submission]'. This specificity connects the affidavit to the particular proceeding and limits its scope.

Notarisation on stamp paper: The affidavit must be executed on non-judicial stamp paper (₹100 in most states) and sworn before a Notary Public registered under the Notaries Act 1952, who must affix their official seal, signature, and registration number. For foreign use, the affidavit must be apostilled by the Ministry of External Affairs' Regional Authentication Centre. The forms-legal.com Affidavit of No Criminal Record (India) template covers the mandatory elements under the Oaths Act, 1969.