Prosecution Of Crimes Involving Forged Professional Licenses
🔹 I. Concept and Legal Framework
1. Definition
A forged professional license refers to the falsification, fabrication, or unauthorized creation or alteration of an official license or certificate that grants the right to practice a regulated profession — such as medicine, law, engineering, pharmacy, or teaching.
2. Relevant Legal Provisions (Indian Penal Code, 1860)
Section 463 IPC – Defines “forgery”: making a false document with intent to cause damage or injury, support a claim, or commit fraud.
Section 464 IPC – Explains what constitutes a “false document.”
Section 465 IPC – Punishment for forgery (up to 2 years, or fine, or both).
Section 468 IPC – Forgery for purpose of cheating (up to 7 years, and fine).
Section 471 IPC – Using a forged document as genuine.
Section 420 IPC – Cheating and dishonestly inducing delivery of property.
Section 474 IPC – Possession of forged document.
When the forged document relates to a professional license, additional statutes apply — for instance:
Indian Medical Council Act, 1956 (for fake medical licenses)
Advocates Act, 1961 (for fake law degrees or enrollments)
Pharmacy Act, 1948, Education Acts, etc.
🔹 II. Key Judicial Pronouncements
Case 1: Dr. Ramesh Chandra Srivastava v. State of Bihar (2000 Cri LJ 2073, Patna HC)
Facts:
The accused was found practicing as a doctor using an MBBS degree allegedly obtained from a university that did not exist. Upon investigation, the certificate and license were found forged.
Issue:
Whether practicing medicine using a forged license constitutes forgery and cheating under IPC.
Held:
The Patna High Court held that:
Using a forged medical degree to practice medicine endangers public life and constitutes a grave offence under Sections 468 and 471 IPC.
The act also amounted to cheating under Section 420 IPC, since the accused induced patients and employers to believe he was a qualified doctor.
Principle:
Forged licenses in professions affecting public health are treated with higher gravity; mere possession and use of such license is sufficient to prove the intent to defraud.
Case 2: State of Maharashtra v. Prakash B. Shinde (2001 Cri LJ 1481, Bom HC)
Facts:
An accused secured employment as a government school teacher using a forged B.Ed. certificate. The forgery was discovered during a departmental verification.
Issue:
Whether obtaining a job using a forged professional certificate amounts to cheating the government.
Held:
The Bombay High Court ruled:
Submitting a forged professional qualification is an act of forgery for the purpose of cheating.
It attracts Sections 468, 471, and 420 IPC.
The prosecution does not need to prove the actual author of the forgery if the accused knowingly used it as genuine.
Principle:
Even if the accused did not personally forge the document, using it as genuine is a complete offence under Section 471 IPC.
Case 3: State of Kerala v. Aboobacker (2001 Cri LJ 2395, Kerala HC)
Facts:
A person was practicing as a pharmacist with a license issued by the Pharmacy Council of India that later proved to be forged. The accused claimed he did not know it was fake.
Issue:
Can ignorance of the forgery be a defense?
Held:
The Kerala High Court held:
Mens rea (knowledge) is crucial; however, in cases where the accused actively presents the license for employment or practice, knowledge can be presumed.
The burden lies on the accused to show absence of knowledge (Section 106, Evidence Act).
Principle:
Knowledge or intent to use a forged license as genuine may be inferred from conduct and circumstances.
Case 4: State of Punjab v. Naib Din (AIR 2001 SC 3955)
Facts:
An accused used a fake driving license and also created several such licenses for others, charging money.
Issue:
Whether creating and issuing forged licenses for others amounts to separate offences under IPC.
Held:
The Supreme Court held:
Each instance of issuing or using a forged document is a distinct offence under Sections 467, 468, and 471 IPC.
The act of “preparation and circulation” of forged licenses constitutes conspiracy and abetment under Sections 120B and 109 IPC.
Principle:
The offence is aggravated when it involves a system or racket producing forged licenses; courts emphasize deterrence.
Case 5: Rajesh Kumar v. State of Haryana (2012 SCC OnLine P&H 18043)
Facts:
The accused practiced as an advocate using a forged LLB degree and fake Bar Council enrollment certificate. He represented clients in court for years.
Issue:
Can a person who never obtained a valid law degree but practiced as an advocate be prosecuted for forgery and cheating?
Held:
The Punjab & Haryana High Court held:
The conduct amounted to criminal impersonation and cheating.
The accused deceived the courts and clients by claiming to be an enrolled advocate.
Conviction under Sections 419, 420, 468, and 471 IPC was upheld.
Principle:
Forgery involving professional licenses (law or medicine) is not only a private wrong but an offence against the administration of justice and public faith.
🔹 III. General Principles from Case Law
Intent and Knowledge:
Forgery requires intent to deceive; using a forged document knowing it is false suffices.
Actual fabrication need not be proved if conscious use is shown.
Public Duty and Trust:
Forgery of professional licenses undermines public confidence in regulated professions.
Courts view such offences as aggravated, meriting strict punishment.
Burden of Proof:
Once prosecution proves the document is forged, the burden shifts to the accused to explain how they obtained and used it.
Multiple Offences:
Forgery (making false document),
Cheating (inducing belief in genuineness),
Using as genuine (presentation to employer/client),
Can all be charged simultaneously.
🔹 IV. Conclusion
Prosecution of crimes involving forged professional licenses aims to protect the integrity of professions that affect public welfare. Courts consistently uphold severe punishment, especially when such acts endanger public life (doctors, pharmacists) or justice (advocates).
The offences generally involve Sections 420, 467, 468, and 471 IPC, and conviction is based on proving:
The license or certificate is forged.
The accused used or presented it as genuine.
The act was done with knowledge or intent to deceive.
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