Dear Sir, This query is regarding my friend. She applied for passport to remove ECR. Here is the brief history: she did 10th from school at Bathinda, there was some issue with the school and they enrolled her under Punjab Open school education system and as per law at that time only 21 yrs of age of above can appear in Punjab Open school, so school management changed her birth year from 1991 to 1987 just to complete this formality. Now she had all her documents with birth year as 1991 but only 10th certificate as 1987, so when she applied for the passport 2 years back agent told her not to disclose her education and she got passport with ECR check required. Now in order to remove this ECR one agent arranged original 10th Certificate from Sanskrit Board Dehradoon and she applied for the passport again but now the school denied the validity of the certificate due to which the passport office told her that they will lodge a complaint against her. So please advice us what should be done and how she can get her passport as she was not directly engaged in this act.
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1. IRRESPECTIVE of the churning of events or involvement, relating to the documentations, the lady & the agent becomes liable for criminal prosecution for using forged documents.
2. The lady may find some respite, IF the agent solely admits that he managed the documentations, without the knowledge of the lady. The lady may give such statement, during her cross-examination.
What could be the consequences and how to get relieved?
1. Based on the forged documents the Passport office, would initiate criminal prosecution for cheating, forgery & misrepresentations.
2. It is best to avoid all such things and not spoil the future career.
passport office can file police complaint against your friend for obtaining fake school leaving certifcate .under section 420, 468 , 471 , of IPC
2) in defence they should lay the blame on agent who procured the fake school certifcate
you have to apply for and obtain bail if FIR is lodged against you
contest case on merits
Hi, it is suggested to be true and disclose to authorities concerned that said certificate was arranged by agent and not by you. The said offence is further compoundable and you may get rid of problem through court.
A criminal case under Indian penal code and the Indian passport act can be registered and complaint with magistrate can be filed also her passport shall be revoked.
See since the documents given are forged and RPO is aware of same they can intiate the proceedings and based on there action only way forward can be decided to take passport.
See has to shift onus on the agent though she would be liable too .
This was very dumb idea to apply with fake certificate. Who advised that ?
Such act is punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees.
Say clear you have hired an agent to clear ECR and had no knowledge if he had submitted forged certificate.
If the said certificate is genuine she doesn't have to worry. But if genuinity is questionable you need to state that you were not having any knowledge of the same and it was not advertently done
She is directly involved..................and she is jointly/solely responsible for wrongful acts of mentioning the wrong date of birth and arranging fake certificate.
all the documents belong to her and who will believe the story that all the acts were not done with mala fide intention,
passport office can initiate legal action against her for cheating, fake docs etc
try to manage the matter at PASSPORT OFFICE through some source
you are advised to consult one prominent lawyer immediately.
Rpo can lodge criminal complaint against your friend.
Hire advocate apply for anticipatory bail.
Contest the case on merits.
1. Your friend is liable to be prosecuted under Section 12 of Passports Act, 1967 for suppression of facts. It carries an imprisonment of up to 2 years.
2. If there is a show cause notice issued to her by RPO then she should reply stating that it was agent who did everything without her knowledge, but this is no defence.
Whether she was directly engaged in this scam or through an agent since it is her own passport and all those things have taken place with her concurrence or consent, she will be held liable for the legal consequences for the fraud that had taken place in this.
She may have to wait for the notice to be received from passport office to clarify her stand and to apologise for the grave error and to request for minor punishment like reprimand or warning.
The consequences will depend on the complaint given against her for the offences mentioned therein.
She may await for the developments and can take defensive action after she is notified about the charges framed against her in this regard.
Let she be in touch with a local advocate for assistance and for anticipatory bail as well, if need be.