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

Mr. Sameer, a bright student, was seeking admission into the prestigious “Apex Institute of Management” in the city of Alipur. The institute offered a merit-cum-means scholarship that could cover his entire tuition fee. Sameer’s mother, Mrs. Priya, held a senior position at “Global Tech Solutions Ltd.” and earned a substantial salary of around ₹10 lakhs per annum. However, his father’s business, “Verma Traders,” had recently failed, leaving the family with a massive debt of ₹30 lakhs. Believing that his mother’s high income would disqualify him, Sameer considered concealing her income details and submitting fabricated documents suggesting a much lower family income. He was unsure about the legal ramifications and wondered if his parents living separately, without a formal decree, would change the definition of family income for the scholarship application.

Advice in such cases

Submitting false information or forged documents to gain any benefit, including a scholarship, is a serious criminal offense with severe consequences. It is strongly advised not to take this path.

• Understand the Rules: Carefully read the scholarship’s terms and conditions regarding the definition of “family income.” Some scholarships may have provisions for families under significant debt, which could be a legitimate avenue to explore.
• Be Transparent: Instead of hiding information, you can write to the scholarship committee explaining your unique financial situation. You can provide documentation of the business loan to demonstrate the financial strain on your family, despite your mother’s income. This transparency is always better than fraud.
• Explore Other Options: Look for other scholarships or educational loans that you might be eligible for without misrepresenting facts.
• 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. A lawyer can also help you draft a representation to the institution explaining your financial hardship legitimately.

Applicable Sections of Law

Providing false documents for a scholarship can attract several provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 318 of BNS (Cheating): Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, is said to “cheat.” Procuring a scholarship through deceit would fall under this section.
• Section 334 of BNS (Forgery): Making any false document or false electronic record with the intent to cause damage or injury, or to support any claim or title, or to commit fraud, constitutes forgery.
• Section 336 of BNS (Forgery for purpose of cheating): Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished.
• Section 337 of BNS (Using as genuine a forged document or electronic record): Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document, commits an offense.

If you are the complainant

If an educational institution discovers that an applicant has submitted forged documents to obtain a scholarship, it can take the following steps:

• Internal Action: The institution will likely cancel the admission and scholarship immediately and may permanently blacklist the student.
• File a Police Complaint: The institution’s registrar or authorized official can file a First Information Report (FIR) with the local police, accusing the student of cheating and forgery.
• Preserve Evidence: All documents submitted by the student, including the application form, the forged income certificate, and any other communication, should be preserved as 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. The institution’s legal team will guide them through the process of initiating criminal and potential civil proceedings to recover the scholarship amount.

If you are the victim

In this context, the student who has committed the act is the accused, not the victim. If you are the person accused of submitting fake documents, you are in a serious legal situation.

• Do Not Panic: Avoid any rash actions like destroying evidence or absconding, as this will only worsen your situation.
• Do Not Make Admissions: Do not admit guilt to the institution or the police without legal advice. Anything you say can be used against you.
• 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. This is the most critical step. An experienced criminal lawyer can explain your rights, the charges against you, and the best course of action, including applying for anticipatory bail if needed, as per the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

How the police behave in such cases

Upon receiving a complaint from the institution, the police will typically take the following steps:

• Registration of FIR: The police will register an FIR under the relevant sections of the BNS, such as cheating and forgery.
• Investigation: An Investigating Officer (IO) will be assigned to the case. The IO will collect evidence, including the application form and the allegedly forged documents from the institution.
• Verification: The police will verify the authenticity of the submitted documents. For instance, they may contact the relevant government office that supposedly issued the income certificate or the employer to verify salary slips.
• Summoning for Questioning: The police will summon the accused student and their parents for questioning to record their statements.
• Filing of Final Report: After the investigation is complete, if the police find sufficient evidence, they will file a chargesheet (Final Report under the BNSS) in the appropriate court, and the criminal trial will commence.

FAQs people normally have

What if my parents are separated? Does my mother’s income still count?

The definition of “family” for scholarship purposes is determined by the rules of the institution providing the scholarship. Unless there is a legal decree of divorce or judicial separation, both parents’ incomes are usually considered part of the “family income.” Living in separate houses informally may not be sufficient to exclude a parent’s income. You must check the specific rules of the scholarship.

What are the long-term consequences of being caught?

The consequences are severe and long-lasting. Besides the immediate cancellation of the scholarship and admission, you will have a criminal record if convicted. This can severely impact future educational opportunities, government job prospects, visa applications for foreign travel, and your overall reputation.

Can I avoid legal trouble by just returning the scholarship money?

Returning the money does not automatically nullify the criminal offense. Cheating and forgery are crimes against the state, not just the institution. While returning the amount might be viewed as a mitigating factor by the court during sentencing, it does not erase the crime itself. The institution can still pursue the criminal case.

What evidence is required?

The prosecution (the institution/state) would need to provide:

• The original scholarship application form.
• The forged documents submitted by the student (e.g., fake income certificate, salary slips).
• The genuine documents proving the actual income (e.g., official records from the Income Tax Department, bank statements, statement from the mother’s employer).
• Statements from the institution’s officials and the authority that was supposed to have issued the forged certificate.

How long will the investigation take?

The duration of a police investigation can vary significantly. It depends on factors like the complexity of the case, the ease of gathering evidence (e.g., getting official records from government departments), and the workload of the police. While the new Bharatiya Nagarik Suraksha Sanhita (BNSS) emphasizes timely investigations, a case involving document verification can take several months to a year before a chargesheet is filed.

Advocate Sudhir Rao, Supreme Court of India