One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me with a serious case involving his younger brother’s educational documents. Mr. Y had passed Class 10 in 2022 with excellent marks and was planning for medical entrance preparation. Mr. X trusted his longtime friend Mr. Z to handle the admission process for alternative schooling in 2023. However, when Mr. X tried to verify the admission status, he discovered that Mr. Z had forged documents, misused the educational certificates, and fraudulently obtained admission using fake credentials. The family had paid substantial fees to Mr. Z, who had disappeared with the money. The student’s academic year was completely wasted, and his future prospects were in jeopardy due to this educational fraud.

Advice in Such Cases

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 to 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.

• Immediately file a police complaint under relevant sections of BNS for cheating and forgery
• Contact the educational institution directly to report the fraudulent admission
• Secure all original documents and communication evidence with the accused person

Applicable Sections of Law

Educational document fraud falls under several provisions of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Key applicable sections include Section 318 BNS for cheating, Section 336 BNS for forgery of documents, Section 340 BNS for using forged documents as genuine, and Section 61 BNS for criminal conspiracy if multiple persons are involved. Under BNSS, investigation procedures are governed by Chapter XII, and the case can be filed as a cognizable offense allowing immediate police action without warrant.

If You Are the Complainant

• File FIR at the local police station where the fraud occurred
• Submit detailed complaint with timeline of events and evidence
• Contact the educational board/institution to report fraudulent admissions
• Gather all financial transaction records showing money paid to accused
• Approach consumer court for compensation if coaching fees were involved

If You Are the Victim

• Immediately secure all original educational certificates and documents
• Contact the relevant educational board to clarify your admission status
• File police complaint against the person who misused your documents
• Apply for fresh admission through proper channels with valid documents
• Seek legal remedy for financial losses and mental harassment caused

How the Police Behave in Such Cases

Police typically treat educational fraud cases seriously as they involve forgery of official documents. They will register FIR under relevant BNS sections and initiate investigation. Police may contact the educational institutions to verify the fraudulent activities and collect evidence. However, recovery of money may take time, and victims should simultaneously pursue civil remedies for compensation.

FAQs People Normally Have

Can I get my academic year back? Unfortunately, lost academic time cannot be recovered, but you can apply for fresh admission in the current cycle.

Will I get my money back? Recovery depends on successful prosecution and the accused person’s financial capacity.

Can this affect my future admissions? No, if you were the victim of fraud, it will not impact your legitimate future admissions.

How long does the case take? Criminal cases typically take 1-3 years depending on evidence and court procedures.

What Evidence Is Required?

• Original educational certificates and mark sheets
• Bank statements showing money transactions to accused
• WhatsApp chats, emails, and communication records
• Fake admission documents created by accused
• Witness statements from family members
• Educational institution’s confirmation of fraudulent admission
• Receipts of coaching fees or other payments made

How Long Will the Investigation Take?

Police investigation in educational fraud cases typically takes 2-4 months. The process includes recording statements, collecting evidence from educational institutions, and tracing financial transactions. Complex cases involving multiple victims or institutions may take longer. Chargesheet is usually filed within 90 days as per BNSS provisions.

Advocate Sudhir Rao, Supreme Court of India