The agent produced a forged document for taking admission in my college. I am principal of a private Inter College which is running on the affiliation of UP board. That agent used to bring some students who want admission in my college.
However, the school conducts an entrance examination for the admission, but the college also gives entry through the agent. I accepted all the documents without verification and kept them in my office.
On 12/06/2019, UP Police raided my office and found those documents from the almirah. After that, I came to know that those documents are counterfeit and prepared for taking admission in my college.
Sir could you please advise me whether I have committed an offence of forgery?
Your case is still at the stage of the investigation; therefore, I could not suggest anything. But from the facts and circumstances of your case, it Infers that you have committed the offence. The genuineness of documents is the subject matter of the trial, but at this stage, presumption goes against you that you have committed the crime.
The police do not raid a place without having information about the offence. They found inculpating materials from your office. Discovery of documents itself proves that you involved in the commission of forgery.
Let presume that they were forged documents. It is a relevant fact that you kept those documents in your office for giving admission. According to Section 463 of the Indian Penal Code, mere intention to provide an undue advantage on false documents is enough for the offence of forgery.
Your involvement in the commission of a crime
The agent prepared or made those documents to secure the admission of students in your college. You, as a principal of the college, accepted those document and about to give entry on those false certificates. Therefore, circumstances indicating that there was a conspiracy between you and the agent.
According to Section 120 A of the Indian Penal Code, if two persons agree to do an illegal act or a legal act by unlawful means, they commit the offence of criminal conspiracy.
Offence of forgery
In Sushil Suri v. Central Bureau of Investigation (2011)5 SCC 708, the Supreme Court held that making of a false document or part of it to cause damage or injury to the public, or any person is sufficient for the offence of forgery.
Facts prove that you agreed to give admission to the students without entrance examination and upon false educational records.
However, you did not use those documents for the admission but the offence of forgery stands committed because you had the intention to give admission on false educational certificates.
