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 3 years ago in Criminal Law from United States
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
Yes, it's related to birth certificate, and filed by passport office. I have been charged under 197, 198, 420, 468, 471, 120B IPC acts.
So I assume I have to leave my job and go back to India to fight this? How long such cases generally take ? Can I postpone this for few months ?
And does it help that I have a recording with my agent agreeing to the fact that he did the fraud and we had no clue whatsoever.
Asked 3 years ago
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.
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.
Advocate, New Delhi
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.
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.
So, judging by all the answers, it seems that there is no way to be fully acquit of it. So, does this mean that I would have to make up my mind for some prison time or what ? Or, is there some way to squash it ? I know that if I am found guilty, this would destroy my career. Please suggest what should I do?
Asked 3 years ago
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.
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.
Advocate, New Delhi
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.