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

Mr. Rohan Verma, a bright young student from the city of Vidyanagar, had always dreamed of securing a place at the prestigious National Institute of Advanced Technology (NIAT). After what seemed like a successful admission process, his life took an unexpected turn. During a routine verification process for a scholarship sponsored by a multinational corporation, “Innovate Forward Corp,” the admissions office at NIAT discovered discrepancies in his Class 12th mark sheet. The document submitted by Rohan showed a score of 88%, but the official board records indicated his actual score was 62%. The institute, feeling deceived, immediately cancelled his admission and filed a police complaint against Rohan for forgery and cheating. Rohan and his family now find themselves entangled in a serious criminal case, with his academic future hanging in the balance.

Advice in such cases

Facing an accusation of forgery, especially concerning academic documents, can be overwhelming. The consequences can be severe, affecting not just your immediate academic pursuits but your entire future career. It is crucial to handle the situation with caution and strategic legal guidance.

• Preserve all communication and documents related to your admission, including emails, application forms, and receipts.
• Do not attempt to contact the institution or the complainant to offer an informal settlement without legal advice, as this could be misconstrued.
• Refrain from discussing the details of the case on social media or with third parties.
• Prepare a clear timeline of events from your perspective, from the application process to the point you were notified of the allegation.
• 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

Under the new Bharatiya Nyaya Sanhita (BNS), 2023, several provisions can be invoked in cases of document forgery for academic admissions. These have replaced the erstwhile Indian Penal Code (IPC).

• Section 318 of BNS, 2023 (Cheating): This section applies if a person fraudulently or dishonestly induces another person to deliver any property or to do or omit to do anything which they would not do or omit if they were not so deceived. Securing admission based on a forged document falls squarely under this.
• Section 334 of BNS, 2023 (Forgery): This defines the act of making a false document or electronic record with the intent to cause damage or injury, to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud.
• Section 337 of BNS, 2023 (Forgery for purpose of cheating): This specifically deals with forgery committed with the intent to cheat, which carries a more severe punishment.
• Section 338 of BNS, 2023 (Using as genuine a forged document): This section penalises anyone who fraudulently or dishonestly uses a document as genuine, knowing or having reason to believe it is forged.

If you are the complainant

If you represent an institution or company that has discovered a forged document, it is important to act methodically to protect your organization’s integrity.

• Immediately secure the suspected forged document and all related application materials.
• Conduct an internal verification by contacting the issuing authority (e.g., the educational board) to get a certified copy of the genuine record.
• Draft a formal written complaint (First Information Report – FIR) detailing the facts, the discrepancy found, and the deception committed.
• Attach copies of both the submitted document and the verified genuine document with the complaint.
• 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 accused, you are the victim of a difficult legal situation. Your priority is to defend yourself effectively.

• Do not panic or make any rash decisions like absconding. This will only work against you.
• If you anticipate arrest, your lawyer may advise you to apply for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Cooperate with the investigation as advised by your lawyer. Do not provide any statement to the police without your lawyer present.
• If you are innocent and believe you are a victim of a mistake or a conspiracy (e.g., a third-party agent submitted the documents), gather all evidence to support your claim.
• 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

Upon receiving a complaint, the police will typically register an FIR under the relevant sections of the BNS. The investigation process will involve:

• Summoning the accused student and their parents for questioning.
• Seizing the original documents submitted to the institution.
• Sending the disputed document to a Forensic Science Laboratory (FSL) for expert opinion on the authenticity of signatures, stamps, and paper.
• Contacting the educational board to confirm the authenticity of the records.
• Recording statements from officials of the educational institution and the complainant.
• After collecting sufficient evidence, the police will file a final report (chargesheet) before the court.

FAQs people normally have

Can the case be settled out of court?

Offences like forgery and cheating are generally non-compoundable, meaning they cannot be settled privately between the parties once an FIR is registered. However, the High Court has powers under Section 530 of BNSS, 2023 to quash the proceedings if a settlement is reached that serves the interest of justice.

Will this affect my chances of getting a passport or a government job?

A pending criminal case can create hurdles in passport verification and government job background checks. An acquittal is necessary to clear your record completely.

What if an agent submitted the forged document without my knowledge?

This can be a line of defence, but you will need to prove that you had no knowledge of the forgery and were not a party to the fraudulent act. Evidence of your communication with the agent will be crucial.

What evidence is required?

The prosecution will primarily rely on:

• The allegedly forged mark sheet.
• The genuine mark sheet/record from the educational board.
• The report from the Forensic Science Laboratory (FSL).
• Witness testimony from the college officials who discovered the fraud.

The defence will need to provide:

• Evidence to challenge the FSL report.
• Proof of lack of fraudulent intent.
• Witnesses or documents that support the accused’s version of events.

How long will the investigation take?

The duration of a police investigation can vary significantly. It can take anywhere from a few months to over a year, depending on factors like the time taken for the FSL report, the cooperation of witnesses, and the overall complexity of the case. The subsequent court trial can take several years to conclude.

Advocate Sudhir Rao, Supreme Court of India