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

A young student, let’s call him Sameer, was preparing for his 12th-grade examinations from the All India Senior Secondary Board (AISB). Lacking confidence and fearing he might not secure passing marks, he concurrently enrolled himself as a private candidate with the National Institute of Open Learning (NIOL) for the same grade’s examination, scheduled a few months later. To his pleasant surprise, Sameer performed well in his AISB exams and secured a good percentage. Now, he is scheduled to appear for the NIOL exams and is in a dilemma. He is concerned about the legal ramifications of possessing two separate 12th-grade pass certificates from two different recognized boards for the same academic year.

Advice in such cases

Possessing two educational qualifications from two different boards for the same level is not explicitly illegal in itself. However, the issue arises in its usage. Using them to gain an undue advantage can lead to serious legal consequences.

• Be Transparent: Honesty is the best policy. Do not attempt to use both certificates for different purposes selectively, as this can be construed as misrepresentation.
• Choose One Certificate: For all practical and official purposes, such as higher education admissions or employment applications, you must choose and consistently use only one of the certificates.
• Understand the Purpose: Often, students appear for NIOL or other board exams for subject improvement or to add a new subject. If this is the case, the purpose is legitimate. However, having two standalone pass certificates for the same set of subjects requires careful handling.
• Affidavit: If required by any institution, you can submit a self-declared affidavit clarifying the circumstances under which you obtained two certificates and affirming that you will only use one for all official records with that institution.
• 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

While there is no single law that prohibits holding two valid marksheets, the problem arises from their potential for misuse. The Bharatiya Nyaya Sanhita (BNS) contains provisions that could be invoked if the certificates are used with fraudulent intent.

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. If a person uses the dual certificates to deceive an institution or employer into offering admission or a job that they would not have otherwise, it could amount to cheating.
• Section 334 and 337 of the BNS: These sections pertain to forgery and forgery for the purpose of cheating. While the documents themselves are genuine, presenting them in a manner that misleads constitutes a fraudulent act. For instance, using one certificate for age proof and another for marks to gain an advantage could attract these provisions.

The key element is the “intent to deceive” or “mens rea” (guilty mind). Simple possession is not a crime, but fraudulent use is.

If you are the complainant

If you are an educational institution or an employer and you discover that a candidate has used two different certificates fraudulently, you can take the following steps.

• Internal Inquiry: Conduct an internal inquiry to gather facts and give the individual an opportunity to explain the situation.
• Lodge a Complaint: If fraud is established, you can file a formal police complaint (FIR) detailing the misrepresentation and the advantage gained by the individual due to it.
• 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

If you are the student who holds two certificates, your primary goal is to avoid any perception of fraudulent intent.

• Stick to One Document: Decide which certificate (AISB or NIOL) you will use for your future academic and professional life and use it exclusively.
• Maintain Records: Keep all documentation related to your enrollment in both boards. This can help prove that you did not have a malicious intent but were merely seeking a backup.
• Do Not Misrepresent: Never submit one certificate to one authority and the second to another for a related purpose. For example, do not use the AISB certificate for college admission and the NIOL one for a scholarship application for the same course.
• 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

The police will not initiate any action merely based on the fact that someone possesses two marksheets. Law enforcement agencies will only get involved if a formal complaint is filed against you alleging fraud, cheating, or misrepresentation by an aggrieved party (like a university that granted admission based on a misleading application).

If a complaint is filed, the police will investigate the intent behind your actions. They will examine your application forms, and communications, and question officials from the institution to determine if there was a deliberate attempt to deceive for wrongful gain.

FAQs people normally have

• Are both of my marksheets valid?
  Yes, if both are issued by recognized boards after you have legitimately passed their examinations, both documents are technically valid on their own. The issue is not validity, but usage.
• Can I use the second marksheet to show improvement in scores?
  Yes, this is a common and legitimate reason for reappearing for exams through an open school board. You can present both marksheets together with a clear explanation that the second one is for score improvement.
• Will one board cancel my certificate if they find out about the other?
  It is highly unlikely. The boards’ mandate is to conduct examinations and issue certificates to successful candidates. They typically do not cross-verify with other boards unless a specific case of malpractice is brought to their notice.

What evidence is required?

In case of a legal dispute, the evidence would revolve around proving fraudulent intent. This includes:

• The two certificates in question.
• Application forms for admission or employment where the certificates were used.
• Any undertakings or declarations made by the student.
• Evidence of any specific advantage gained by using both certificates, such as meeting an eligibility criterion that would have otherwise not been met.

How long will the investigation take?

If a formal police complaint is lodged, the investigation timeline under the Bharatiya Nagarik Suraksha Sanhita (BNSS) can vary. A straightforward case might conclude in a few months. However, if it involves multiple jurisdictions or requires forensic examination of documents and digital records, the process could extend longer. The duration depends on the complexity of the case, the evidence available, and the cooperation of all parties involved.

Advocate Sudhir Rao, Supreme Court of India