• Fake birth certificate identified passport office

Hello Sir,

I wanted to change the Place of Birth in my passport, so I asked my Father to give me a birth certificate which I submitted. Reason for change of place of birth was because they mentioned previously Surgapur which is not in West Bengal, So I decided to correct it. Now RPO has sent me a letter that Birth certificate is fake and I need to give a proper justification for the same. What shall I do as neither me nor my father aware of that the certificate was fake with us.
Asked 5 years ago in Civil Law

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21 Answers

Was birth certificate not issued by muncipal corporation.?

 

2) if you have produced fake birth certificate case would be filed against you 

under section 420, 468 , 471 , of IPC

 


3)in defence they should lay the blame on agent who procured the fake birth certifcate

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In your reply mention thatBC was procured by your father through agent not aware that it is fake birth certificate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Please approach the office of the Birth certificate and contact the officer in charge for clarification. 

Pl seek clarification of genuineness of your birth certificate by RTI application from the department which has issued the certificate and attach that record to RPO who has termed the certificate as fake.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

- As per the Passport Act, In case of fraudulent applications for change of date of birth based on forged or fake documents, appropriate action will be taken.

- Further , if any one use it for the purpose of cheating, it is a crime under section 468 of IPC and punishment may be up to 7 years imprisonment and fine. 

- Further, under Section 12(1) (B) of Passport Act, in case the applicant does not disclose correct information , then there is penalty for Rs.2500/- for the offence of suppression of information.
- However, the Delhi high court has said that the passport authority cannot impose penalty on a person who has unknowingly produced false information while applying for the document, and before penalizing an applicant it has to be proved that the person has knowingly provided false information while applying for passport.

- Hence, you should write an application before the Passport officer after mentioning the facts that the said birth certificate was issued through a agent , and you even dont know that the said certificate is fake , and thereby request to issue the passport and not impound the same, 

- Before sending the said application , you can also try to trace the details of that certificate as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. See production of fake birth certificate may result in criminal proceedings and impounding of passport , you have to present yourself before the RPO and reply that at the time it was made you were minor and you don't know of same , your father got it through an agent. And provide details of the agent and transaction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have to produce yourself before RPO explaining that you are not aware of the fact it is fake.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File a complaint against the unknown agent for getting you a fake birth certificate. 

Also reply the passport authorities that you were not aware of the authenticity of the birth certificate and you have complained about it.

Before all this ...

 Ask the passport authorities in written that how and on what basis they are questioning the authenticity of the birth Certificate 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can submit the fresh birth certificate and state that the earlier was inadvertently submit to RPO. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It may be fake, but it was provided by municipal office having jurisdiction over the area. You are not at fault.

What correction you looking for, Which locations are mention in PP and BC ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It's not clear whether the subsequent birth certificate is fake or not.

If yes then withdraw the application for change of place of birth unconditionally. 

If not then explain your position. 

In any case do attend within the time and submit your explanation. 

Let the Passport Authority pass a order. If you are aggrieved by the order then challenge this before the high court as per merit of the case. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Just simply visit and submit a Affidavit that Birth Certificate was obtained thru a local Agent before 20-30 years and that you have never visited the birth place after that.  Produce your PAN, Aadhar cards, School /College certificates, House & property documents, etc....

2. Request that matter may be closed for any inadvertent mistake from your end.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

You are suggested to reply that letter with the facts known to you and visit the office with proper justification.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If it was not fake then how did you get it. Ask your father. If you are also the victim of such a fraud then inform the RPO and lodge a case against people who issued this certificate.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have to explain to them about the origins of the certificate. In the meantime ask your father or search for him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You cannot claim innocence about the nature of the birth certificate.

You cannot say that you do not know that  it is fake or genuine.

You should have applied for birth certificate from the competent authority and should not have approached an agent for this purpose.

First of all find out the reason that why the passport authorities say it is fake and confirm if it is really fake or they are simply mentioning it so without proper verification.

If it is really genuine then you can produce the documentary evidences to prove it is genuine.

However if you confirm that it is fake then you may apologise for this blunder mistake and withdraw the same including the application for passport issue

You may request to pardon you for this act of innocence, it is up to the discretion of the authorities concerned for taking any action in furtherance.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have been summoned to visit their office with explanations.

You may visit the passport office on the date 

Your father has done a blunder by contacting some mischief mongering agents  hence this has resulted into such a legal consequence.

If an applicant presumes that presenting forged documents could be an easy way out to get a passport quickly, he or she could be facing legal action.

 

passport officials would block the application of those furnishing false details and impose penalties ranging from Rs 1,000 to Rs 5,000, in all these cases, a punishment of one year's rigorous imprisonment can also be imposed or both is slapped on the offender.

But, once convicted, the career of the person is at stake. In cases of similar offences committed by persons who are not citizens of India, Section 12 (1) (A) of the Indian Passport Act is invoked, wherein the punishment ranges from five years' rigorous imprisonment and a penalty of Rs. 10,000 or both.

In addition to all these, the offence is liable for punishment under the provisions of Indian Penal Code i.e., Sections 467 to 471 also which prescribes punishment for forgery, forgery for the purpose of cheating, using a forged document as genuine and so on.

 

It is better you surrender and seek their apologies instead of agitating over it and get into more trouble.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It is a crime to fake a birth certificate. You will be charged under possession of a forged document.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

visit concerned RPO if an adverse report is already filed and get it closed permanently. Upon your request and a max penalty of rs 5000/- you can get it closed and apply again for fresh.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Giving any forged documents to RPO is an offence punishable under Section 12 of Passports Act with an imprisonment of up to 2 years and is also punishable under provisions of IPC.

2. Give a written reply to the notice and state that you did not had any knowledge that certificate was forged and you are ready to apply for the cancellation of the certificate.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You should visit the RPO and give justification for providing the birth certificate which is false and you need to prove that you don't have knowledge about genuiness of birth certificate.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that neither you nor your father even had an idea about the genuineness of the birth certificate.
  2. I would like to apprise you that you need not to worry and must go and write a reason reply to their show cause notice (either in writing or oral over calls, received by you).
  3. Even if the same if fake then also as the same is too old, benefit of doubt will be in your favour.
  4. And also, you need to give proper information depicting all the places and people with whom he would have met whether you remember the name of those person or not but should be a true story so that you can prove your side of the story.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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