Legal Advice

Character certificate

Question: The criminal records of a family member are examined for issuing of character certificate in Uttar Pradesh. District Magistrate has no power to examine the criminal record of the applicant’s family member in the issuance of a character certificate. Character certificate does not give the valid right to the applicant for doing any work based on the character certificate issued by the competent authority.

Advise

In Manyata Dewi Vs State of Uttar Pradesh (25607/2013), it is held by the Supreme Court of India that the District Magistrate is the competent authority to issue character certificate but he is bound to issue character certificate based on rules made by the state government therein and the rules do not require to inquire criminal record of a family member of applicant and District Magistrate also can’t examine the personal capacity of the applicant towards the work for which character certificate is needed.

Shivendra Pratap Singh

Advocate

High Court Lucknow