Prosecution Of Crimes Involving Fake Academic Institutions

01 Nov 2025 --
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Prosecution Of Crimes Involving Fake Academic Institutions

🧾 I. Introduction

Fake academic institutions and bogus degrees undermine the integrity of education and professional qualifications. In India, the University Grants Commission (UGC) regulates universities, while AICTE, NMC, Bar Council, etc. regulate professional programs. Any “university” not recognized by the UGC or established by statute is illegal.

The operation or participation in such fake institutions involves several criminal and civil liabilities, commonly under:

Sections 420, 467, 468, 471 IPC – Cheating and Forgery.

Section 120-B IPC – Criminal Conspiracy.

UGC Act, 1956 – Sections 22 & 23 – Prohibition of unauthorized conferral of degrees.

Information Technology Act, 2000 – If fake degrees or admissions are promoted online.

Consumer Protection Act, 2019 – Misleading representation of services.

⚖️ II. Key Legal Provisions

Section 22, UGC Act, 1956: Only universities established by Central/State Acts, or institutions deemed to be universities, can grant degrees.

Section 23, UGC Act, 1956: No institution other than those recognized can use the word “university.”

Sections 420, 468, 471 IPC: Cheating and using forged documents.

Section 120-B IPC: Conspiracy to defraud students.

🧑‍⚖️ III. Detailed Case Laws

1. Prof. Yash Pal v. State of Chhattisgarh (2005) 5 SCC 420

Key Issue: Constitutionality of private universities established under Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002.

Facts:
The Chhattisgarh Act allowed private sponsors to establish universities by mere notification without UGC or state control. Over 100 such “universities” came up in months, offering degrees across India, many with no infrastructure.

Held:
The Supreme Court struck down the Act as unconstitutional. It ruled that:

Only recognized universities can award degrees.

State governments cannot create universities without ensuring academic standards and UGC compliance.

Degrees issued by such “universities” are invalid.

Significance:
Set a strong precedent against unregulated private or fake universities.

2. University Grants Commission v. Kurukshetra University & Others (AIR 1976 SC 376)

Facts:
Kurukshetra University had granted degrees to students who were not eligible under UGC norms.

Held:
The Court held that the UGC has the power to prescribe minimum standards for degrees, and universities must comply. Violation of such standards invalidates the degrees.

Significance:
Reaffirmed the UGC’s regulatory authority and the invalidity of degrees issued in contravention of its norms.

3. State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335)

Facts:
Although primarily a case on abuse of power, it laid down important guidelines for investigation and prosecution under IPC sections (420, 468, 471) relevant to fake certificate cases.

Relevance:

Fake university operators can be prosecuted under these IPC provisions.

The investigation must establish mens rea—intention to cheat and cause wrongful gain.

Significance:
Provides a procedural foundation for investigating fake degree rackets under IPC.

4. Central Bureau of Investigation v. Jaspal Singh (2013 SCC OnLine Del 2057)

Facts:
Jaspal Singh, an officer, submitted a forged degree for promotion. The CBI charged him under Sections 420, 468, 471 IPC.

Held:
Delhi High Court upheld conviction, holding that submission of a fake educational degree is not a mere irregularity but a criminal act of fraud.

Significance:
Affirms that individuals using fake degrees—whether knowingly or recklessly—can face imprisonment for cheating and forgery.

5. State of Rajasthan v. Smt. Sanyogita Sharma (2017 SCC OnLine Raj 1592)

Facts:
The accused operated a private institution claiming to be a “recognized university,” collected fees, and issued “degrees.”

Held:
Rajasthan High Court held the institution and its operators guilty of cheating (Section 420 IPC), criminal conspiracy (120-B IPC), and violation of UGC Act Sections 22–23.
The Court emphasized the moral and legal duty of the state to protect students from fraudulent educational institutions.

Significance:
Illustrates criminal liability of individuals running fake universities.

6. University Grants Commission v. Bhartiya Shiksha Parishad, Lucknow (Allahabad High Court, 2013)

Facts:
“Bhartiya Shiksha Parishad” claimed to be a university and awarded degrees without UGC recognition.

Held:
The Court held that the Parishad was not a recognized university and had no authority to grant degrees. It directed prosecution under the UGC Act and IPC.

Significance:
Clear warning that any organization falsely claiming university status is subject to prosecution.

🧩 IV. Types of Criminal Liability

Act/Offence	Relevant Law	Punishment
Running fake university / granting unauthorized degrees	Sections 22–23 UGC Act	Fine and prosecution
Cheating students / collecting fees	Sec. 420 IPC	Up to 7 years imprisonment
Forgery of degree certificates	Sec. 467–471 IPC	7–10 years imprisonment
Conspiracy among promoters	Sec. 120-B IPC	Same as underlying offence
Cyber advertising of fake institutions	IT Act, Sec. 66D	3 years imprisonment

🧠 V. Preventive & Administrative Measures

UGC maintains a list of fake universities; publishing it periodically prevents public deception.

States must ensure registration of educational institutions under relevant acts.

Police and CBI investigations under IPC and IT Act in large-scale scams.

Public awareness campaigns about checking accreditation before admission.

🧾 VI. Conclusion

The prosecution of fake academic institutions relies on both regulatory enforcement (UGC Act) and criminal law (IPC & IT Act). The judiciary has repeatedly emphasized that education is not a trade or business, and degrees have no value unless lawfully granted.

The combination of UGC oversight, strict judicial scrutiny (as in Prof. Yash Pal), and criminal prosecution (Jaspal Singh, Sanyogita Sharma) forms the legal foundation for combating the menace of fake universities and fraudulent educational bodies in India.