If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of Aryavarta Pradesh, finds himself in a predicament concerning his Caste Scrutiny Certificate. To streamline the process, he engaged an agent to file the application on his behalf, providing all the necessary documents. Mr. Verma possesses the online payment receipt for the government fee and the official application number, confirming that the application was filed in his name.

After a delay of nearly eight months, the agent has informed Mr. Verma that the certificate has been issued. However, he is now demanding a payment of ₹10,000 to hand over the document. The agent’s behaviour has been inconsistent and manipulative, sometimes claiming the matter is out of his hands and at other times insisting on the payment. This has left Mr. Verma feeling extorted and helpless, despite having all the legitimate proofs and documents required.

Advice in such cases

• Do not pay the bribe. Paying the agent will only encourage such corrupt practices and does not guarantee that you will receive your document.
• Approach the Issuing Authority Directly: Since the application was filed in your name and you have the application number, you are the rightful owner of the certificate. Visit the District Caste Scrutiny Committee in Vikrampur directly with your application receipt and identity proof to inquire about the status and collect the certificate.
• Check Online Portals: Many state governments have online portals where you can track the status of your application and often download the final certificate using your application number and other details.
• File a Formal Complaint: You can file a complaint against the agent for extortion and cheating with the local police or the state’s Anti-Corruption Bureau.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The agent’s actions can attract penalties under several Indian laws, including the new Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 326 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with extortion. The agent’s act of intentionally putting you in fear of wrongful loss (by withholding your certificate) to dishonestly induce you to deliver money is a clear case of extortion.
• Section 318 of the BNS, 2023: This section pertains to cheating. By making false promises and dishonestly inducing you to pay him for a service he is now illegally withholding, the agent is committing an act of cheating.
• The Prevention of Corruption Act, 1988: While the agent may not be a public servant, his act of demanding a bribe to facilitate the delivery of a public document can be investigated. He may be acting as an intermediary for a corrupt official or misrepresenting his connection to them. A complaint can be filed with the Vigilance or Anti-Corruption Bureau.

If you are the complainant

• Gather all your evidence, including the application receipt, copies of documents submitted, and any communication (messages, emails, call recordings if permissible) with the agent where he demands money.
• Visit the District Caste Scrutiny Committee office and present your case to the senior officials. Show them your application number and explain that a middleman is withholding the certificate.
• File a written complaint at the local police station detailing the agent’s demand for a bribe, attaching copies of your evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

• Stay calm and do not give in to pressure or threats from the agent. Remember that the law is on your side.
• Document every interaction. If the agent calls you, make a note of the date, time, and the content of the conversation immediately after.
• Do not make any further payments to the agent. Any transaction from this point on could be construed as you being complicit.
• Follow the legal recourse available. Your primary goal is to get your certificate, which can be achieved by approaching the government authority directly. The secondary goal is to hold the corrupt agent accountable.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Initially, the police might perceive this as a non-cognizable issue or a simple dispute. However, if you present a clear complaint detailing the crime of extortion under the BNS, they are obligated to register a First Information Report (FIR). Having a lawyer accompany you can ensure the complaint is taken seriously. The police will likely summon the agent for questioning and verify the status of your certificate with the concerned government department, which would expose the agent’s fraud.

FAQs people normally have

• Can I get my certificate directly from the government office without the agent?
  Yes. As the applicant, you have every right to collect your certificate. Your application number, payment receipt, and identity proof are sufficient to claim it from the District Caste Scrutiny Committee.
• What if the agent destroys the certificate?
  This is highly unlikely. The certificate is an official government record. Even if he destroys the physical copy, an official copy can always be re-issued by the committee based on their records.
• Is it not easier to just pay the ₹10,000 and get it over with?
  While it may seem like a quick solution, it is illegal and perpetuates corruption. There is also no guarantee the agent will give you the certificate even after you pay. Pursuing the legal route is the correct and most effective long-term solution.

What evidence is required?

• The application acknowledgement receipt with the unique application number.
• The receipt for the fee payment made to the government.
• Copies of all documents you provided to the agent (your caste certificate, father’s certificates, etc.).
• Digital evidence of the agent’s demands, such as text messages, WhatsApp chats, or emails.
• If possible, a recording of the phone conversation where the bribe was demanded (admissibility may vary, but it’s useful for investigation).

How long will the investigation take?

Obtaining the certificate directly from the committee could be very quick, possibly within a few days to a week, once you approach them. The criminal investigation against the agent, however, may take longer. The registration of an FIR and subsequent police investigation can take several months, depending on the efficiency of the local police and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India