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

A few years ago, an acquaintance of Mr. Gupta successfully obtained a fraudulent B.Tech degree through an agent named Mr. Kumar. Recently, Mr. Gupta’s manager at his company, “Innovate Solutions Pvt. Ltd.” in the city of Alipur, suggested that acquiring a postgraduate degree in technology could significantly boost his career, potentially leading to a salary increase of ₹8–10 lakhs. Motivated by this, Mr. Gupta, along with two of his colleagues, Mr. Verma and Mr. Singh, contacted the same agent, Mr. Kumar.

They collectively paid Mr. Kumar a sum of ₹5 lakhs via electronic transfer for three fake M.Tech degrees from a fictitious institution, the “All India Technical University.” However, Mr. Gupta later received information from a credible source that Mr. Kumar had no intention of providing the degrees. It appeared that Mr. Kumar had previously taken ₹20 lakhs from another individual for a fake medical degree and was now using the funds from Mr. Gupta and his colleagues to repay that earlier debt.

To complicate matters, Mr. Kumar has recently secured a government job in the state of Navpradesh, reportedly through bribery, and his appointment is currently under judicial review. An FIR against him could jeopardize his new position. Despite this, Mr. Kumar is now demanding more money from Mr. Gupta and his friends, citing additional costs for a “thesis and synopsis.” Mr. Gupta is now in a dilemma, wondering whether to file a complaint and how to do so without facing legal consequences himself for his involvement in the illegal act.

Advice in such cases

This is a precarious situation because both parties have engaged in illegal activities. The agent, Mr. Kumar, has committed offenses of cheating and potentially forgery. However, Mr. Gupta and his colleagues, by attempting to procure and use a fake degree, are also party to a criminal conspiracy and the act of using a forged document as genuine. Initiating legal action is fraught with risk for the complainant.

Applicable Sections of Law

The relevant legal provisions under the new Indian criminal laws would be:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. Mr. Kumar, by dishonestly inducing Mr. Gupta to deliver money with the promise of a degree he never intended to provide, has committed cheating.
• Section 334 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to forgery, which is making a false document with the intent to cause damage or injury or to support any claim or title.
• Section 337 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section penalizes the act of fraudulently or dishonestly using as genuine any document which one knows or has reason to believe is forged. This would apply to Mr. Gupta if he had received and attempted to use the degree.
• Section 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This deals with criminal conspiracy. Since Mr. Gupta and his colleagues agreed with the agent to commit an illegal act (procuring a fake degree), they could all be charged under this section.

If you are the complainant

If you decide to file a complaint, you are essentially admitting to your role in a criminal conspiracy. Your complaint (FIR) is a confession and can be used as evidence against you. While your primary motive might be to recover your money, the police may see you as an accomplice or co-accused rather than a pure victim. The legal path is treacherous, and the outcome is uncertain. Your actions could lead to a criminal case against yourself.

• Consult with a Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee, which might be in the range of Rs. 10,000 to Rs. 50,000, depending on the case. He is helping you in this situation to come out. He is an 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 in 7-10 days.

If you are the victim

Legally, you are in a dual position. You are a victim of cheating because your money was taken under false pretenses. However, you are also a participant in a crime because you knowingly tried to obtain a fraudulent document for personal gain. A skilled lawyer might frame the complaint to emphasize the cheating aspect, portraying you as a person who was duped, but the underlying fact of your own illegal intent cannot be erased and poses a significant risk.

How the police behave in such cases

The police may be hesitant to register an FIR immediately, given that the complainant is also admitting to a crime. They might initially suggest an informal resolution or settlement between the parties. If an FIR is registered, the investigation will likely cover the roles of both the agent and the complainant. There is a real possibility that the police could arrest the complainant as a co-accused in the conspiracy. The focus of the investigation will be on the entire illegal transaction, not just the part where you lost money.

FAQs people normally have

What evidence is required?

To build a case, you would need strong evidence, such as:

• Proof of Payment: Records of the UPI or bank transfer made to the agent.
• Digital Communication: Copies of all WhatsApp chats, text messages, emails, and recordings of phone calls with the agent discussing the deal.
• Witnesses: The testimony of the other two colleagues who were also part of the transaction.

How long will the investigation take?

Criminal investigations in India can be time-consuming. Depending on the complexity of the case, the evidence available, and the workload of the police, an investigation could take anywhere from several months to more than a year before a final report (chargesheet) is filed in court.

Advocate Sudhir Rao, Supreme Court of India