• Fake birth certificate

I was in a hurry to get my passport, and needed my birth certificate (I didn't have one). So I asked an agent to make one for me, and he said that he would get it made and did it in 14 days (he said that he would update in all the proper places and everything, i.e. make it legit). Although there was difference in birthplace, but he assured me that it's nothing (the place is some 30 km from my actual place). But now, I come to know that my certificate is fake, and I have a pending case against me in a court. I am currently living in USA, and am not sure what should I do now.
Asked 1 year ago in Criminal Law from United States
Religion: Hindu
Hi,
 is the pending case  related to fake birth certificate? if so under which sections you are charged?
 
You will have to  face the trial in the pending court and for that your presence in India is necessary for a criminal trial.

Engage a an experienced advocate and try to get out of the charges.

If a birth  which is not registered  cannot be  issued  a certificate later on .
Your case is a one of forgery and making false documents, under 463, 464, 465 ,466 IPC .
At the end of  day every trial is decided on the evidence and loopholes, so try make it in your favour by putting up a proper defense in the court, for this get expert legal help
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. You and the agent have committed the offence of cheating and creating a forged document. Accordingly, you can be sentenced to imprisonment for 7 years on prosecution.

2. If you have come to know that a case is pending in the court against you then you should immediately apply for bail lest a warrant of arrest is issued and you are arrested from US and brought to India in which event no court may give you bail.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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if you received any notice/summon from Indian court or police then you have to appear before the court or police after getting Anticipatory bail otherwise no need to worry till then.

there is no relaxation crime is crime but you may be get less punishment if it is proved that you are in bonafide intention.
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
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1. What case is pending against you in India?

2. Is the birth certificate fake or the passport itself is fake?

3. If there is a case pending before you in India for which you have received the summons, then you should return to India and contest the case. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Yes, you shall have to come t India to face the cases,

2. You can take the stand that your were not aware of the documents which you signed blindly as suggested by your agent. This may dilute the allegation of your actively participating in the alleged crime involving the agent,

3. However, it may not completely absolve you from the charges.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You should immediately seek bail and enter defence. Delay of even a single day in entering defence at this stage may spell doom for you.

2. Engage a lawyer immediately and seek bail even before you land in India as you run the risk of being arrested as soon as you return to India.

3. Any recording that you have may be used in the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Dear Querist
fighting the case on merit is best option, you know the indian Judicial System, it may be decide more then 10 years till then try to set your life.
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
1. There have been several charges brought againt you for which you shall have to face the Court and defend yourself,

2. If those charges are proved, you will be punished with jail term which will be decided by you,

3. You shall have to prove that you are innocent to escape the cluthes of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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