Criminalization Of Fake Degree Rackets In Universities
1. Introduction
Fake degree rackets involve the creation, sale, or distribution of fraudulent academic degrees or certificates, often facilitated through corrupt university officials, brokers, or online platforms. These activities undermine education standards, employability, and public trust.
The law criminalizes such acts because they constitute fraud, forgery, cheating, and sometimes organized crime.
2. Legal Framework
A. Indian Law
Indian Penal Code (IPC)
Section 420: Cheating and dishonestly inducing delivery of property.
Section 468: Forgery for the purpose of cheating.
Section 471: Using a forged document as genuine.
Section 120B: Criminal conspiracy if racket is organized.
University Grants Commission (UGC) Regulations
UGC Act empowers universities to verify degrees and punish fraudulent issuance.
Use of fake degrees is punishable under academic and criminal provisions.
Information Technology Act, 2000
Section 66C: Identity theft (if fake degrees involve impersonation).
Section 66D: Cheating by impersonation in digital platforms.
Consumer Protection Laws
Fraudulent promises of education or degrees can also be prosecuted under Consumer Protection Act 2019.
3. Elements of the Crime
Creation or sale of fake degree/certificate.
Intent to deceive – misrepresentation to employers, institutions, or the public.
Use of forgery or false documents.
Benefit derived – financial, academic, or professional.
4. Case Law Examples
Case 1: Delhi Fake Degree Racket (2017)
Facts:
Several private universities in Delhi were found issuing fake degrees. Brokers sold these certificates to students for large sums.
Legal Action:
FIR registered under IPC 420, 468, 471, 120B.
Police arrested brokers and colluding officials.
Significance:
Highlighted the organized nature of fake degree rackets.
Courts upheld strict criminal liability for both sellers and recipients if knowingly used.
Case 2: Uttar Pradesh Fake University Scam (2018)
Facts:
The scam involved a fake “university” that issued degrees to hundreds of students who never attended classes.
Legal Action:
Investigation under IPC 420, 468, 471, and IT Act provisions for online advertising.
Multiple arrests of organizers and employees.
Significance:
Demonstrated multi-state implications of fake degree rackets.
Reinforced that fraudulent education institutions attract criminal prosecution.
Case 3: Punjab & Haryana High Court – Panjab University (2016)
Facts:
Individuals submitted fake certificates to secure jobs in public and private sectors.
Legal Action:
Court held applicants liable under IPC 420 and 471, stating that using fake degrees amounts to criminal deception, even if the degree is for personal career advancement.
Significance:
Clarified liability of end-users of fake degrees, not just the issuers.
Emphasized the need for verification by employers and universities.
Case 4: Maharashtra Fake Engineering Degrees (2019)
Facts:
Investigation revealed hundreds of fake engineering degrees sold online.
Students used them to secure jobs in IT and engineering firms.
Legal Action:
FIR filed under IPC 420, 468, 471, and IT Act Sections 66D, 66C.
Cybercrime cell traced online advertisements and arrested key racketeers.
Significance:
Highlighted role of cybercrime in facilitating fake degree rackets.
Courts recognized digital platforms as enablers of criminal acts.
Case 5: Karnataka Fake Degree Syndicate (2020)
Facts:
Fake MBBS and law degrees were sold to students for huge sums, targeting medical colleges and universities.
Legal Action:
FIR registered under IPC 420, 468, 471, 120B.
Karnataka Police conducted raids; racketeers and complicit college officials were arrested.
Significance:
Reinforced criminal liability for university officials involved.
Emphasized risk to public safety when fake medical degrees are used.
Case 6: Rajasthan Police Fake Degree Investigation (2021)
Facts:
Students obtained fake degrees to secure government jobs.
Investigation revealed organized network using forged university seals.
Legal Action:
FIR under IPC 420, 468, 471, plus criminal conspiracy 120B.
Courts issued strict notices to employers to verify educational qualifications.
Significance:
Demonstrated criminal liability of both brokers and end-users.
Courts emphasized systematic enforcement against fraud in education.
5. Key Principles from Case Law
| Principle | Explanation |
|---|---|
| Criminal liability for issuance | Universities or officials issuing fake degrees face IPC 420, 468, 471, and conspiracy charges. |
| Liability for use | Individuals using fake degrees for jobs or admissions are also criminally liable. |
| Organized rackets = conspiracy | Large-scale operations attract Section 120B (criminal conspiracy). |
| Cyber dimension | Online marketing and sales of fake degrees are prosecutable under IT Act. |
| Employer vigilance | Courts emphasize verification of qualifications to prevent misuse. |
| Public safety and trust | Fake degrees in medical, engineering, and law sectors can endanger public safety, increasing severity of prosecution. |
6. Summary
Fake degree rackets are treated as serious criminal offenses under IPC and IT Act.
Liability extends to issuers, brokers, and users.
Courts consistently uphold strict criminal consequences to maintain educational integrity and public trust.
Cybercrime investigation plays a key role in identifying organized fake degree networks.
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