Ramana Avv
Asked March 28, 2017

Forged Certificates: Legal consequence

  • 1 Answer
  • 232 Views

Hi team, We are 4 brothers. I've completed my B tech and doing job in MNC. My younger brother discontinued his education regarding to financial problem and studied upto Intermediate only. So I've given my engineering certificates to him, He forged those certificates with his name and I've helped to get job in same engineering field in MNC. Now my doubt is Is there any problem in future if he caught in verification and how this will effects me If he Involve my name in this Issue. If anybody file a case against him, Is this a serious issue? Please suggest. Thanks In advance

Answer 1

Fraud is committed in three different ways as listed under sections 421-424:  

  •         To deprive a person of his/her right/s, either by obtaining something by deception or by taking something wrongfully without the knowledge or consent of the owner;
  •        To withhold wrongfully from another what is due to him/her, or to wrongfully prevent a person from obtaining what he/she may claim first, and;
  •        To defeat or frustrate wrongfully another person's right to property.

Two elements are essential to the commission of fraud as opined by the SC in Dr. Vimla v. Delhi Administration (1963 AIR 1572):

  •  Deceit or an intention to deceive, and;
  • Either actual injury or possible injury or an intent to expose some person to actual or possible injury.
  • The main intent of a fraudulent person is, in almost every case, his/her own advantage.

     

     

    You have thus committed  a fraud and obtained something wrongfully- you obtained a job for your brother by indulging in fraud. If the company gets to know of the same- charges can be pressed against both of you and once proved you may be imprisoned for up to 7 years in jail.

     

    Agree Comment 0 Agrees over 3 years ago

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