• Obtained date of birth certificate with false information

My party son originally born in 2001 and birth was registered .isubsequently by suppressing the said fact obtained an another birth certificate as if he born in 2002. Subsequently on the report of Thasildar FIR was registered against the parents of minor boy under sections 177 & 420 IPC. You are hereby requested to advise how to come over from 420 IPC.
Asked 7 years ago in Criminal Law
Religion: Hindu

14 answers received from multiple lawyers

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14 Answers

This is a very serious offence. Since documentary evidence is tilted against your party it will be a very uphill task to prove him innocent in the court. Apply for AB at first if the FIR has been registered. No comments can be made on the merits of the legal strategy unless the FIR is perused threadbare.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) how can you obtain 2 birth certifcates of son ?

2) parents have committed offence under section 420 of IPC

3) you would not be acquitted

4) if you had hired services of agent blame it on the agent for having committed the fraud

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

If there is prima face evidence that the case is misconceived and without any basis then you may file quashing petition.

If the prosecution could not prove that you with a view to cheat any particular person or authority then allegations of cheating would not lie.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

NWT vs Marudharan AIR 1975 SC, held that birth certificate is neither a property nor a valuable security.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Since you have filed the application you should await its outcome. A birth certificate is a valuable security, albeit not a property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If it is proved that birth certificate was forged or obtained by cheating then it is immaterial if any benefits were obtained thereunder or not.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

section 25 permits prosecutioon for an offence committed under provisions of the act witht the consent of cjhief registrar

2)you have submitted flase information offence under section 177 of IPC is made out

3) although under section 23 it is minor offence but in your case you have fraudleently obtained 2 birth certifcate with intention to decive the authorities nad hence complaint under section 420 is maintainable

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

You have dishonestly and fraudulently obtained second birth certificate with intention to decieve the authorities. Deliberately given false information as to date of birth of child

Offence of cheating is made out

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

unable to find the citation given by expert Mr shivendra pratap singh

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

IPC section 177 provides for punishment for furnishing false information with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 420; shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

He has to defend himself on the merits in his side.

It involve practical situation during trial by strongly countering the prosecution.

What are the documentary evidences does your party possess to defend himself or he relies upon?

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Sir I already obtained AB chargsheet was also filed. Now o filed application for deletion of sec. 420 IPC on the ground that birth certificate does not comes under property and further more giving false information information in birth certificate is only a minor offence under sec. 23 of The registration of births and deaths act, 1969.

If you have decided to take a stand to defend your case that way, you may advise party to go for quash by filing petition under section 482 cr.p.c. before high court.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

for citations you may take the help of your advocate or some senior advocates.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1) i have not cited any judgment in my reply

2) since learned advocate MR shivendra pratap singh has cited judgment you can request him to furnish details of the citation given by him

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

You have to engage the services of an advocate on his/her terms for this purpose.

The legal experts/lawyers here provide legal opinion/suggestion or advises as per the circumstances of an individual approaching this forum.

You cannot dictate terms on any advocate, if any advocate of this forum is willing to do this service at free of cost, you may aproach that advocate but cannot demand it from everyone of this forum .

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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