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(Guest)

Evidence act

There Is Two Brother Aman And  Dipak. They Were Never Represent themself by their caste in school neither in collage . One Day Aman Made Some caste Certificate With the help broker . And Said caste certificate also Shown In Goverment Website .  Then Dipak Being Brother Of Aman Made Caste Certificate For himself  by refrence of his brother caste certificate . But later Dipak  Know the fact that they don't belong to That Community as  the said caste certificate is showing . In this Case Ajay Didn't made the Any False Document to get said caste certificate . Aman Just Shown the Certificate of His Brother Which Issued by SDO . Is Ajay Also Guilty For This  Because there is we cannot say he had reason to believe that Caste Certificate which Issued by SDO of Aman was forged document . So Please tell me Is Ajay Is Also Guilty for this ?



Learning

 7 Replies

P. Venu (Advocate)     05 January 2024

Admittedly, this is a moot court query. It is the best course to find the answer yourself.

T. Kalaiselvan, Advocate (Advocate)     05 January 2024

The person who created fake certificate is held liable for the offences of forgery and fraud.

His brother cannot claim innocence stating he never knew that it was fake because he knew the fact that he didn't belong to that caste hence he also can be held liable for this offence.


(Guest)

T. Kalaiselvan,  What If they had no Any Evidence Of their Caste . What If They Were Never Used Their Caste in Any Where. Ex Aadhar card , pan Card , school leaving Certificate , Collage certificate And not even in  Ration Card Then Tell Me How Prosecution will going To prove that fact that they had reason to believe it was forged document . 

Purnanand Jha (Advocate)     06 January 2024

yes.he is also guilty for relying as well acting upon the false document-


(Guest)

Purnanand sir the question is Not he Used such false document or not the question is if wasn't aware of such document then is he guilty or not . If he is guilty then The  issuing authority also guilty for issuing such certificate . 

T. Kalaiselvan, Advocate (Advocate)     10 January 2024

The claim that he wasn't aware of the nature of document he procured will not be acceptable in law because ignorance of law is not an excuse 

Purnanand Jha (Advocate)     10 January 2024

Exactly...the issuing authority is also guilty..for relying on false documents...having means n competency to check..

 

 


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