india

India Employee Background Checks

Country Overview

Background screening has become increasingly important in India given the rise in resume/CV fraud. In particular, applicants have claimed they possess degrees they never earned or have inflated their job history and experience.

Currently there is no comprehensive data privacy law in India. However, there are several pieces of legislation that provide guidance in this area. First, Article 21 of the Constitution of India guarantees that “[n]o person shall be deprived of his life or personal liberty except according to procedure established by law.” While the word “privacy” is not specifically outlined in the Constitution as a fundamental right, Article 21 has been interpreted as upholding an individual’s right to privacy by the Supreme Court in numerous cases. However, this issue has been contested in recent years with the NDA government (National Democratic Alliance) arguing that there is no right to privacy under the Constitution.

In addition, the Information Technology Act 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 outline parameters with respect to sensitive personal data. Sensitive personal data includes: financial information, sexual orientation, medical records and history, physical, physiological and mental health condition, passwords and biometric information (i.e., fingerprints, voice patterns, DNA, etc.). Organizations may only collect sensitive personal information if it is for a lawful and necessary purpose, and with consent of the individual.

Consent should be obtained from the applicant before conducting the background check. In particular, it is common to have a school or employer request the applicant’s authorization in writing before providing any verification information.

For further information, download our India Country Data Sheet.

 
Individual Records Searches Signup

  India Criminal Records Search 

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Requirements: Name, date of birth, full address, father's name, release form

Criminal records searches are conducted at the local police station, where many records are still stored in paper form versus electronically. Turnaround times may be longer for rural areas or police stations that are not equipped with efficient technology.

  India Civil Records Search 

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Requirements: Name, date of birth, address, release

This search is available at the local level. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.

  India Bankruptcy Records Search 

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Requirements: Full Name of the Individual including Alias and Surname if any, Fathers Name, Complete Address with Postal Code, Address History if available, Copy of PAN Card and Another Government Issued ID.

This search is conducted through the IBBI (Insolvency& Bankruptcy Board of India), NCLT (National Company Law Tribunal), BIFR (Board for Industrial and Financial Reconstruction). Report may include file date, case number, name of court where case was filed and case status if a bankruptcy case can be located.

  Education Degree Verification in India 

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Requirements: Name, date of birth, school name, degree, major, dates of attendance, city of school, release form, copy of degree

It is common to verify only the highest degree obtained by a candidate. Educational institutions will be contacted to verify dates of attendance, graduation date and degree information.

  Employment Verification in India 

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Requirements: Name, date of birth, employer name and contact information, dates of employment, position held, release form, employee ID

Employers will be contacted to verify the individual’s title, dates of employment and if the candidate is eligible for rehire. Typically employment verifications do not extend beyond a 7 year time frame absent a legal or regulatory requirement to obtain that information. Current employers will only be contacted with express consent from the applicant.

  Reference Check in India 

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Requirements: Applicant name and date of birth, reference's relationship, contact name and contact information (including phone number and email address)

This search is conducted via telephone (or at times e-mail) with the individual’s personal or professional references using a standard list of questions.

  Motor Vehicle Records 

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The motor vehicle records search will confirm if the individual possesses a driver’s license. Details of the driving record may be provided if available.

  Global Monitor Check 

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Requirements: Name, date of birth, address

The Global Monitor Check (GMC) is database product that searches a variety of databases including (but not limited to):

  • • Bank of England Sanctions
  • • Commodity Futures Trading Commission List of Regulatory and Self-Regulatory Authorities
  • • Defense Trade Controls (DTC) Debarred Parties
  • • FBI Fugitives 10 Most Wanted, Most Wanted Terrorists and Monthly Most Wanted
  • • Financial Crimes Enforcement Network Special Alert List
  • • Foreign Agent Registrations
  • • International Police Most Wanted
  • • Office of Foreign Asset Control
  • • OFAC - Enhanced Sanctioned Countries
  • • OFAC – Palestinian Legislative Council
  • • Office of Controller of Currency of Unauthorized Banks
  • • OSFI - Canada
  • • Politically Exposed Persons
  • • State Department Terrorist Exclusions
  • • Terrorists Inside of European Union
  • • Terrorists Outside of European Union
  • • United Nations Named Terrorists
  • • US Bureau of Industry and Security - Unverified Entity List
  • • US Bureau of Industry and Security - Denied Entity List
  • • US Bureau of Industry and Security - Denied Person List
  • • World Bank Ineligible Firms

  ID Check in India 

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Requirements: Name, DOB, Address, Consent Form, Identification Card Color Copy (Front and Back)

A validation and/or verification of the data subject’s identity documents.

  Directorship Check in India 

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Requirements: Name, date of birth, address, passport copy, company name where directorship was held, company address, In-Country Residence History Form

A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.

Individual Packages Signup

  Employment Screening Package 

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Requirements: Applicant name and date of birth, reference's relationship, contact name and contact information (including phone number and email address)

Our experienced research staff completes personal reference checks by interviewing an applicant's former or current colleagues. Our researchers will provide a comprehensive overview of a person's characteristics.

  Criminal and Civil Search Package 

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Requirements: Name (including former name), dob, address, release

The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.

 

Criminal Record Information in India


Criminal history information is available in India. Criminal records are publicly available and considered to be public information. Criminal records begin at the local police level, and then sent to the court system to be judicially heard. Small matters do not need to be under judicial jurisdiction and can be dealt with at the local police level. More substantial matters are sent to the judiciary. Since criminal history begins at the local police level, it’s best to search the local police stations for any criminal history, and then follow that information to the judiciary if applicable.

 

Privacy Laws & Regulations in India


India does not have any specific data protection or privacy protection laws. Regulations revolving around data protection and privacy protection can be found in other laws, but there is not one single comprehensive data protection law. The Supreme Court did declare that an individual does have the fundamental right to privacy. The Constitution states “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The Supreme Court interpreted this as an individual’s right to privacy from unlawful attacks on their honor or reputation.
The Information Technology Act 2000 and the Information Technology Rules 2011 (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) outline parameters with respect to sensitive personal data. Organizations that process personal information must abide by the following rules:

  1. Individuals must be notified of the collection, use, processing, and storage of their personal information.
  2. Consent must be obtained from the individual before collecting, disclosing, or transferring personal information to third parties.
  3. Individuals must be notified of the organizations involved in collecting, receiving, and storing the personal information.
  4. Organizations must allow individuals the ability to opt-out.
  5. Organizations must allow individuals access to their personal information and allow those individuals to correct an inaccuracies found in their data.
  6. Organizations must ensure they have reasonable security measures in place for the protection of personal information data.
  7. Organizations must only use personal information data for a legitimate business purpose.
  8. Organizations may only transfer personal information data to countries outside of India as long as those countries provide the same privacy protections, or more.
 

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