Mr. Arjun Kumar was employed with a small firm, ‘Innovate Solutions Pvt. Ltd.,’ in the city of Aadityapur, under a service agreement. Due to what he described as a toxic work environment and harassment from his superiors, he resigned from his position before the agreement period ended, providing what he believed were valid personal reasons and supporting documents.

However, Innovate Solutions Pvt. Ltd. allegedly refused to issue his relieving letter and other essential documents, putting him in a difficult position. A few months later, Mr. Kumar secured a promising offer from a large multinational corporation, ‘Global Tech Corp.’ During the onboarding process, Global Tech Corp. required him to submit the relieving letter from his previous employer. Despite his repeated attempts to obtain the document from Innovate Solutions, they did not provide it.

Fearing he would lose the new job opportunity, Mr. Kumar made a critical mistake: he created and submitted a forged relieving letter. The situation escalated when Global Tech Corp.’s background verification (BGV) team sent this fake document to Innovate Solutions for verification. Now, Mr. Kumar is facing potential legal and professional repercussions and is unsure of the actions that could be taken against him and how to defend himself.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act strategically and understand the legal ramifications. The submission of a forged document is a serious offense with significant consequences.

• Remain Calm: Panic can lead to further mistakes. Take a moment to assess the situation objectively.
• Do Not Create More Falsehoods: If confronted, do not try to cover up the lie with more lies. This will only worsen the situation.
• Gather All Communication: Collect all emails, messages, and records of calls made to your previous employer requesting the documents. This can help establish the context of duress under which you acted.
• 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

The actions of submitting a fake document can attract penalties under the Bharatiya Nyaya Sanhita, 2023 (BNS). The relevant sections include:

• Section 334 of BNS (Forgery): This section defines forgery as making any false document or electronic record with the intent to cause damage or injury to the public or any person, or 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 336 of BNS (Forgery for purpose of cheating): This section applies when forgery is committed with the intent that the document forged shall be used for the purpose of cheating. This is highly relevant in such cases, as the document was used to secure employment.
• Section 337 of BNS (Using as genuine a forged document): This section penalizes any person who fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document.
• Section 318 of BNS (Cheating): This section defines cheating and prescribes punishment for it. By inducing the new employer to offer a job based on a false document, one commits the offense of cheating.

If you are the complainant

If you represent the company (either the previous or the new employer) that has been affected by the forged document, here are the steps you can take:

• Internal Investigation: First, conduct a thorough internal inquiry to confirm the forgery. Secure the BGV report and any communication from the verifying authority.
• Termination of Employment: The new employer has the right to terminate the employee’s contract immediately for fraud and breach of trust.
• File a Police Complaint: You can file a First Information Report (FIR) with the police under the relevant sections of the BNS for forgery and cheating.
• Civil Suit: The company can also file a civil suit for damages if it has suffered any financial loss or reputational harm due to the employee’s fraudulent actions.
• 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 employee who submitted the fake document, your primary goal is to mitigate the damage. Here is what you should do:

• Be Proactive: It may be better to come clean to your current employer before they complete their investigation. An honest admission, along with an explanation of the circumstances, might be viewed more favorably than being caught.
• Prepare Your Defense: Your defense could be based on the fact that your previous employer illegally withheld your documents, forcing you into a corner. While this does not excuse forgery, it provides context that might mitigate the penalty.
• Explore Settlement: It might be possible to negotiate a settlement. This could involve a formal apology and an agreement to resign quietly, in exchange for the company not pressing criminal charges.
• Legal Action Against Previous Employer: You can also explore legal options against your previous employer for illegally withholding your documents, which is a violation of your rights.
• 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 follow this procedure:

• Preliminary Inquiry: They may conduct a preliminary inquiry to ascertain the facts of the case.
• Registration of FIR: If they find prima facie evidence of a cognizable offense, they will register an FIR under the appropriate sections of the BNS.
• Investigation: The Investigating Officer (IO) will collect evidence, which includes seizing the forged document, the BGV report, and recording statements from all parties involved—the new employer, the previous employer, and the accused employee.
• Arrest: Depending on the severity of the offense and the evidence, the police may arrest the accused. However, in such white-collar cases, an arrest is not always immediate. An anticipatory bail application might be necessary.
• Filing of Chargesheet: Once the investigation is complete, the police will file a chargesheet in the appropriate court, and the trial will commence.

FAQs people normally have

Here are some frequently asked questions in such scenarios:

What evidence is required?

The primary evidence required by the prosecution would be:

• The forged relieving letter itself.
• The background verification report confirming the forgery.
• Statements from the HR departments of both the new and previous employers.
• The employment contract with the new company, which was obtained based on the forged document.
• Any communication (email, etc.) where the employee submitted the document.

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 cooperation of the parties involved, and the workload of the police department. Generally, an investigation in such a matter can take anywhere from a few months to over a year before a chargesheet is filed in court.

Advocate Sudhir Rao, Supreme Court of India