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.
TL;DR: Editing a job title on your CV to appear more IT‑relevant can land you in serious legal trouble — not just BGV rejection. If the employer files a complaint, you could face an FIR for cheating and forgery under the Bharatiya Nyaya Sanhita. A careful pre‑emptive legal strategy can often stop the FIR before it’s lodged.
Key Facts of the Case
- Sunil Patel worked in a Bajaj Allianz office at Indore for 4 years as “Senior Associate – Product Compliance” – entirely non‑IT.
- He wanted to shift to an IT job and applied to Infosys in Pune, showing his designation as “Senior Analyst – IT Compliance” on the CV.
- Infosys’ BGV agency, First Advantage, cross‑checked with Bajaj Allianz and found the actual designation.
- Infosys withdrew the offer and accused Sunil of fraudulent misrepresentation, threatening a police complaint for cheating.
- Sunil first approached a general practitioner who advised him to “wait and watch” — the situation escalated fast.
- He then approached the Chamber of Advocate Sudhir Rao, where a targeted representation to the employer and the BGV agency halted the complaint.
- Advocate Sudhir Rao’s expertise in employment‑linked criminal defence helped secure a settlement and prevented an FIR in April 2025.
The Direct Legal Answer
Yes, editing a designation can be caught. BGV agencies don’t just verify employment dates — they typically check your last drawn salary, title, and reason for leaving. Many use third‑party databases, direct calls to past HR, or even pay‑slip verification. A mismatch lands up as a “red flag” to the employer.
But the bigger danger is criminal. If the employer treats the altered title as an intent to deceive, they can file a complaint under Section 318 BNS (cheating) and Section 336 BNS (forgery) — because you “created a false document” with intent to cause damage or injury. The offer withdrawal alone is bad; an FIR is far worse.
Leaving the original non‑IT designation untouched on the CV doesn’t violate any law. HR may ignore the profile, sure, but that’s a recruitment risk, not a legal one. The moment you alter it to secure a job, you cross into a zone where criminal liability can arise.
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.
Don’t deal with the BGV agency or the employer alone. Anything you say can be recorded and used against you. Let your advocate draft a measured reply that clarifies the oversight — without admitting to cheating — while offering to withdraw the application. And here’s the thing: time is crucial. Reach out before the employer files a formal complaint. Once an FIR is signed, the process becomes far heavier.
This category of case sits at the intersection of employment documentation and criminal law. A general practitioner who mainly handles consumer or matrimonial matters often misses the fine procedural points under BNS that can stop an FIR before it sees daylight. An advocate who regularly handles such employment‑linked fraud allegations will know exactly which safeguards to trigger.
Applicable Sections of Law
- Section 318 BNS: Cheating — dishonestly inducing delivery of any property (including an offer of employment) by deception.
- Section 319 BNS: Cheating by personation — if the altered designation makes you appear to be someone else in a professional capacity.
- Section 336 BNS: Forgery — making a false document with intent to cause damage or injury.
- Section 340 BNS: Using as genuine a forged document — presenting that altered CV during the application process.
Punishment and Penalties
Forgery under Section 336 BNS attracts imprisonment up to 10 years and a fine. Cheating under Section 318 BNS can go up to 3 years, or up to 7 years if the cheating is with intent to induce a person to deliver property. Using a forged document (Section 340 BNS) carries the same punishment as forgery itself. Offences under Sections 318 and 319 BNS are non‑cognizable, bailable, and compoundable, while Section 336 and 340 BNS are non‑cognizable and non‑bailable, and compoundable only with court permission. Yes, forgery is non‑bailable — which means bail is not a matter of right.
Jurisdiction — Where to File the Case
If an employer lodges a complaint, the police station having jurisdiction over the place where the offence was committed — typically where the job application was submitted or where the offer letter was issued — can register the FIR. In Sunil’s case, the application went from Indore to Infosys’ Pune office, so either jurisdiction could attract the FIR. The trial usually sits before the Judicial Magistrate First Class. Incorrect jurisdiction doesn’t automatically kill the FIR, but it can be challenged early.
What if Police Refuse to File FIR?
- Approach the Superintendent of Police under Section 173(4) BNSS and submit a written complaint.
- If no action, file a private complaint directly before the Magistrate under Section 175(3) BNSS.
- As a last resort, invoke the High Court’s writ jurisdiction for a direction to register FIR.
- Keep all documentary proof — the altered CV, the BGV report, and the communication trail — ready.
Rights of the Accused
- Right against self‑incrimination under Article 20(3): no one can be forced to be a witness against themselves.
- Right to legal representation under Article 22 — consult and be defended by an advocate of your choice from the moment of arrest.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest immediately.
- Right to silence — you aren’t obliged to say anything that may incriminate you.
Bail Provisions
Since the offence involves forgery (non‑bailable), bail must be sought under Section 480 BNSS (regular bail) after arrest. But you can also move for anticipatory bail under Section 482 BNSS before the arrest. Courts typically look at the gravity of the false document, whether there’s a history of such behaviour, and if the applicant is willing to cooperate. In Sunil’s situation, anticipatory bail was never needed because the complaint was stalled. But the strategy was ready — a sound bail plea, backed by an unconditional apology and a voluntary withdrawal of the application, would have secured protection.
Quashing of FIR / Case
The High Court can quash an FIR under its inherent powers under Section 528 BNSS. If the employer and the candidate settle the matter — for instance, the candidate gives a written apology and withdraws all claims — a joint petition to quash is often allowed, especially when the offence is compoundable and no public interest is involved. But if the forgery appears calculated and serial, quashing becomes harder. Early legal engagement can help negotiate such a settlement before the FIR is even lodged.
If You Are the Victim
- If you’ve been wrongly accused of designation forgery by an employer or a rival, gather every original document — appointment letter, appraisal letters, payslips — that proves the actual title.
- File a representation to the BGV agency and the employer explaining the facts, through an advocate.
- If a false FIR is lodged, move for quashing immediately.
- Preserve all digital communication; screenshots of emails and WhatsApp chats can be crucial.
- Don’t panic and attempt to “correct” documents after the dispute starts — that can backfire.
Documents You Must Keep Ready
- Aadhaar and PAN (identity proof)
- Original appointment letters from all past employers
- Relieving letters showing exact designation
- Payslips for the tenure at previous company
- Form 16 and IT returns (supports employment timeline)
- The CV version that was flagged, and the accurate CV
- BGV discrepancy report or email from employer
- Any communication with the company or background check agency
What Evidence Is Required?
- Original employment documents — primary evidence to show true designation.
- The altered CV and cover letter — shows the extent of the misstatement.
- Email trails where the discrepancy was raised — establishes the employer’s claim or overreach.
- Screenshots of job portals or reference checks — corroborates timeline.
- Voice recordings (if any) — admissible subject to authentication rules.
- Digital metadata of documents to prove when they were created or modified.
- Bank statements reflecting salary credits — ties the official title to the actual role.
How the Police Behave in Such Cases
Employment fraud complaints often don’t get immediate police attention unless the employer presses hard. But once an FIR is registered, the police will summon the candidate, take their version, and may seize electronic devices. In Sunil’s matter, the police were not involved because the complaint was resolved directly with the company. Yet, make no mistake — once a forgery FIR is entered, the investigation can be swift and intrusive. Having an experienced advocate at that earlier juncture makes all the difference.
Timeline of Legal Process
- Complaint / Notice from employer — week 1
- FIR registration (if employer goes ahead) — within 24‑48 hours of complaint
- Investigation — usually 60‑90 days, with possible extension
- Chargesheet filing — after investigation concludes
- Cognizance and framing of charges — 2‑4 weeks post chargesheet
- Trial — can stretch 12‑18 months, depending on the number of witnesses
- Judgment — after trial
- Appeal — if needed, to the Sessions Court within 90 days of judgment
How Long Will the Investigation Take?
Police normally aim to file a chargesheet within 60 days for offences punishable with less than 10 years. For forgery under Section 336 BNS, the deadline is 90 days. In practice, investigations in employment‑related document cases often wrap up in under 90 days because most evidence is documentary and readily available.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Cheating under Section 318 BNS is compoundable with the permission of the court. Forgery under Section 336 BNS is compoundable only with prior leave. So a well‑structured settlement — where the accused apologises, withdraws all claims, and the employer gives a no‑objection — can lead to quashing. Mediation and compromise outside court, before the FIR is filed, is always the cleanest route. Lok Adalat doesn’t usually prempt criminal cases, but once a case is in court, mediation cells can help parties arrive at a compromise deed.
Common Mistakes People Make
- Editing the CV and hoping the BGV won’t check the exact title — they almost always do.
- Deleting or altering evidence after the discrepancy is flagged — this makes a civil mistake look like deliberate forgery.
- Arguing directly with the HR or BGV agency without legal counsel, leading to statements that amount to admission.
- Waiting too long — even a 48‑hour delay can result in an FIR being lodged.
- Hiring an advocate without domain‑specific experience — employment‑linked criminal defence requires a different swiftness and knowledge of BNS forgery provisions that a general civil lawyer may not apply early enough.
- Sharing the whole episode on social media — a single post can be used as evidence of intent.
FAQs People Normally Have
Can I edit a “Senior Customer Support” designation to “Client Operations Analyst” for IT roles?
Any material change that doesn’t reflect your true role can be treated as forgery. Even if you think it’s just a modern label, if it misleads the employer, you’re at risk.
Do BGV agencies merely check employment dates or also the designation?
Most reputed BGV agencies verify your designation, tenure, salary range, and reason for leaving. They often speak to your previous HR team directly. A mismatch anywhere raises a flag.
What if I mention my original designation but still highlight my IT skills in the summary?
That’s perfectly legal. There’s no law against pitching your skills truthfully. The danger arises only when you falsify official job titles.
Can the employer file a cheating case after I’ve already joined?
Yes. If they discover the mismatch after joining, they can terminate you and still file a criminal complaint. Joining doesn’t cure the earlier deception.
Is it mandatory to show designation on the resume at all?
No. You can omit the designation and simply describe your functional responsibilities. That’s a safer approach during a career transition.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India