2 Answers
Dear Client, Your situation requires a nuanced and honest analysis. You have been convicted under Section 498A IPC (now BNS) and sentenced to one year imprisonment. This is a serious concern for government employment. As a general rule, conviction for an offence involving moral turpitude is definitely taken into consideration by the authority competent to recruit, and suppression of such conviction is likely to result in dismissal from service Lawyers Club India. Section 498A has been held to involve moral turpitude by several courts.
However, there is a critical protective remedy available.According to Section 12 of the 1958 Probation of Offenders Act, a person found guilty under either Section 3 or Section 4 cannot lose any disqualifying effects that would apply under any other law as a result of their conviction. The Delhi High Court's ruling in Union of India v. Rajesh (2026:DHC:572-DB) confirms that no disqualification for public employment will apply if that candidate has been released from probation under Section 4. In that ruling, the Court ordered the Airport Authority of India to act upon a candidate's criminal conviction under Section 498A and 406 of the IPC. As such, you must file an appeal as soon as possible under Section 374 of the BNSS in the High Court and, if successful, rely upon the provisions of Section 4(1) of the Probation of Offenders Act to obtain the benefits described in Section 12. In addition, you must disclose your conviction when applying for government employment. Concealing your convictions is grounds for disqualification from any government position.
I hope this helps, and if you have any further issues, do not hesitate to contact us.
Dear Sir,
f you have been convicted and sentenced to one year of imprisonment in a case under Section 498A of the Indian Penal Code, it does have serious implications for government employment. Generally, most government jobs—whether under State or Central Government—require a clean criminal record, and candidates are required to disclose any conviction in the attestation or verification forms. A conviction, especially involving moral turpitude or offences relating to cruelty or harassment, can lead to disqualification from appointment or even termination if already employed.
Further, the fact that you have undergone imprisonment (including multiple instances of jail in connection with maintenance proceedings) may be viewed adversely during character and antecedent verification. Even if you apply for a job, suppression of such information can itself be a ground for rejection or dismissal later. However, the exact impact can vary depending on the nature of the post, recruitment rules, and whether the conviction has attained finality or is under appeal. In some cases, if the conviction is stayed or set aside by an appellate court, your eligibility position may improve.
Therefore, while it is not absolutely impossible in all situations, practically speaking, securing a government job after such a conviction is very difficult unless you obtain relief from a higher court—such as acquittal, suspension of conviction, or setting aside of the judgment. It would be advisable to pursue an appeal against the conviction, if not already done, and seek legal remedies to clear your record before applying for any government employment.