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What is the punishment for fake degree certificate in india ?
14-Jun-2024 (In Criminal Law)
Making or issuing forged certificates/mark'sheets is a criminal offence: creating a false document falls under BNS s.335 and forgery under BNS s.336 (general punishment up to 2 years; if intended to cheat, up to 7 years and fine), and fraudulently using or possessing a forged certificate is penalised under BNS ss.339'340 with the same/corresponding punishments. [https://www.prashantkanha.com/section-335-of-bhartiya-nyaya-sanhita-2023-bns-equivalent-ipc-section/] [https://www.aaptaxlaw.com/bns/336-bns/ ] [https://ipclaws.in/bns/section-340-forged-document-or-electronic-record-and-using-it-as-genuine/] Each fake document can attract a separate count, but BNSS caps aggregate sentencing for multiple convictions (court may order concurrent or consecutive terms; in no case imprisonment shall exceed 20 years and aggregate not to exceed twice the punishment the court can inflict for a single offence). [https://lawx.in/acts/section/100/863/7507] Courts have convicted and upheld severe consequences in forged'certificate cases (e.g. forged mark'sheet convictions and loss of job in Rajendra R. Kavalekar v. State of Maharashtra (case record) and recent High Court decisions upholding dismissal for submission of bogus matriculation certificates). [https://indiankanoon.org/doc/1332497/] [https://courtbook.in/posts/delhi-high-court-upholds-crpf-dismissal-of-constable-for-submitting-bogus-matriculation-certificate-rules-claim-of-bona-fide-mistake-unconvincing] Evidence on forgery/usage will be tested under the Bharatiya Sakshya Adhiniyam (BSA) provisions. [https://lawfyi.io/the-bharatiya-sakshya-adhiniyam-2023-bsa/]
In India, using or possessing fake educational certificates is a serious criminal offense with strict legal consequences. Under the Indian Penal Code (IPC), offenses like forgery (Sections 463-471) and cheating (Section 415) apply. Penalties can range from fines to imprisonment of up to 7 or even 10 years, depending on the severity and intent especially if the forged certificate was used to gain employment or benefits. In addition to criminal charges, individuals may face job termination, disqualification from government services, and reputational damage.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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- Section 465 IPC: Deals with forgery. Anyone who forges a document with intent to cause damage or commit fraud can face imprisonment for up to two years, a fine, or both.
- Section 468 IPC: Covers forgery for the purpose of cheating. If someone forges a document to deceive others, they can be punished with imprisonment of up to seven years and a fine.
- Section 471 IPC: Punishes the use of a forged document as genuine. The punishment is the same as for forgery itself, which can extend to two years of imprisonment, a fine, or both.
- Fake degree case law: Courts have ruled that individuals involved in creating and using fake degrees can face severe penalties, including imprisonment and heavy fines.
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Adv. Anshul Singh
Adv. Anshul Singh
Muzaffarnagar | 25+ Answers
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Adv. Shubham Mishra
Adv. Shubham Mishra
Kanpur | 100+ Answers
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