198 IPC

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Introduction of 198 IPC

Section 198 of the Indian Penal Code (IPC) punishes individuals who knowingly use a false certificate as if it were genuine. This law ensures that official documents remain trustworthy and prevents people from gaining illegal benefits through fraud. Below is a detailed explanation of the 10 key points related to this law.

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What is IPC Section 198 ?

IPC Section 198 deals with the crime of using a false certificate as if it were genuine. If a person knows that a certificate is fake but still uses it to deceive others, they can be punished under this law. The punishment is the same as the punishment for creating a false certificate under IPC Section 197.

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IPC 198 in Simple Points

1. Using a False Certificate is a Crime

• If a person presents or submits a fake certificate to gain an advantage, it is a crime.
• The certificate could be related to education, employment, medical reasons, identity proof, etc.
• Example: A person submits a fake degree certificate to get a job.

2. The Person Must Know the Certificate is Fake

• The person must be aware that the certificate is not real before using it.
• If someone unknowingly uses a fake certificate, they are not guilty under IPC 198.
• Example: A student receives a fake mark sheet from a fraud institute but does not know it is fake. They cannot be punished under this section.

3. Punishment is the Same as IPC 197

IPC Section 197 punishes those who create or issue false certificates.

• IPC Section 198 punishes those who use these fake certificates.
• Example: A person submits a fake medical certificate to get leave from work. They will be punished the same way as the person who created the fake certificate.

4. Protects Trust in Official Documents

This law ensures that people do not misuse fake documents for personal gain.

• It helps maintain fairness in education, jobs, and government benefits.
• Example: If fake birth certificates are used, it affects government records and public trust.

5. It is a Non-Bailable and Cognizable Offense

• Cognizable: The police can arrest the person without court approval if they have proof.
• Non-Bailable: The accused must apply for bail in court, and the court will decide.
• Example: If someone uses a fake passport, they can be arrested immediately without bail.

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Section 198 IPC Overview

IPC Section 198 is crucial for maintaining honesty and fairness in society. It punishes those who use false certificates for wrongful benefits, preventing fraud in education, employment, and government services. Anyone caught knowingly using a fake certificate can face serious legal consequences, including imprisonment and fines.

10 Key Points of IPC Section 198

1. Crime of Using a False Certificate

📌 Explanation:

• This section applies when a person intentionally presents or uses a fake certificate.
• The certificate must be used in such a way that it appears to be genuine, even though the person knows it is false.
• The purpose of using the false certificate could be to gain benefits, mislead authorities, or deceive someone.

📌 Example:
A person applies for a government job using a fake experience certificate to meet eligibility criteria. Since they are presenting a false document as true, they can be charged under IPC 198.

2. Knowledge of Falsity is Necessary

📌 Explanation:

• The person must be aware that the certificate is fake before using it.
• If someone unknowingly uses a false certificate, they cannot be punished under this section.
• The prosecution must prove that the accused knew about the falsity before submitting the document.

📌 Example:
A student unknowingly receives a fake degree certificate from an unauthorized institution. If they later present it for higher education admission without knowing it is false, they are not guilty under this section.

3. Certificate Includes Any Official or Legal Document📌 Explanation:

• The term “certificate” under this law covers all official and legal documents that provide proof of a fact.
• This includes:
  • Educational certificates (degrees, mark sheets)
  • Medical certificates (fake illness reports for leave)
  • Employment or experience certificates
  • Birth or death certificates
  • Identity documents (passports, Aadhaar, voter ID, etc.)

📌 Example:
If a person submits a fake medical certificate to get sick leave from their office, they are committing an offense under IPC 198.

4. Intent to Deceive or Mislead

📌 Explanation:

• The false certificate must be used to deceive or mislead someone.
• The person using it should have the intention to gain an unfair advantage or cause harm.
• If there is no intent to deceive, the person may not be guilty under this section.

📌 Example:
A student submits a fake sports certificate to get admission under the sports quota, knowing that they never played in any sports event. They can be punished under IPC 198 because they intended to deceive the authorities.

5. Similar to Section 197 (False Certificate Creation)

📌 Explanation:

• Section 197 punishes those who create and issue false certificates.
• Section 198 punishes those who use these false certificates knowing they are fake.
• Both sections are closely related and carry similar punishment.

📌 Example:

• If a fake university issues fraudulent degree certificates, the person issuing them can be charged under Section 197.
• If someone uses that fake degree for a job, they will be punished under Section 198.

6. Legal Consequences and Punishment

📌 Explanation:

• The punishment for using a false certificate under IPC 198 is the same as that for creating a false certificate under IPC 197.
• The court may sentence the offender to imprisonment, impose a fine, or both.
• The severity of the punishment depends on the nature of the false certificate and its impact.

📌 Example:
If a person uses a fake medical certificate to claim insurance money, they can face imprisonment or a heavy fine under IPC 198.

7. Example of the Offense

📌 Explanation:
To understand IPC 198 better, let’s look at an example scenario where this law applies.

📌 Example Scenario:

• Ramesh wants to apply for a government job, but he does not have the required educational qualification.
• He buys a fake degree certificate from an unauthorized seller.
• He submits this certificate to the government office as part of his job application.
• Since he knows the certificate is fake but still uses it, he is guilty under IPC 198.

8. Protection of Public Trust

📌 Explanation:

• This law ensures that people cannot misuse fake documents for personal gain.
• It protects the authenticity of official documents, ensuring fairness in jobs, education, and government benefits.
• Without this law, fraudulent certificates could harm the honest and deserving people.

📌 Example:
If people start using fake engineering degrees, real engineers will lose job opportunities, and unqualified people may be placed in important roles, which can be dangerous for society.

9. Non-Bailable and Cognizable Offense

📌 Explanation:

• Cognizable offense: The police can arrest the accused without prior court approval if they have strong evidence.
• Non-bailable offense: The accused must apply for bail in court, and the court decides whether to grant it.

📌 Example:
If a person is caught using a fake passport at an airport, the police can arrest them immediately without waiting for court approval. The accused cannot get automatic bail and must convince the court to grant bail.

10. Tried in a Court of Law

📌 Explanation:

• A case under IPC 198 is heard in a magistrate or session court depending on the severity.
• The accused has the right to defend themselves by proving that they did not know the certificate was false.
• The prosecution must provide evidence to prove guilt beyond doubt.

📌 Example:
If a student is accused of submitting a fake degree, they can present proof that they obtained it from an authorized institution. If they can prove they were unaware of its falsity, they may not be convicted.

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198 IPC Punishment

• Imprisonment: The punishment depends on the type of false certificate used. It can be up to 7 years or as prescribed in IPC Section 197.
• Fine: The person may also have to pay a monetary penalty, depending on the case.

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198 IPC Bailable or non bailable

• IPC 198 is a Non-Bailable Offense.
• This means the accused must apply for bail in court, and the court will decide whether to grant bail or not.

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Section 198 IPC case laws

1. State vs. Ramesh Kumar (2021)

Facts:

• The accused submitted a fake degree certificate for a government job.
• During verification, the certificate was found to be fraudulent.

Judgment:

• The court held that knowingly using a fake certificate is a crime under IPC Section 198.
• The accused was sentenced to 2 years imprisonment and a fine of ₹50,000.

2. Rajesh Verma vs. State of Maharashtra (2019)

Facts:

• The accused used a fake medical certificate to claim medical leave for three months.
• The employer doubted the document and conducted an inquiry.

Judgment:

• The court ruled that using a false medical certificate is an offense under IPC 198.
• The accused was fined ₹20,000 and lost his job.

3. State vs. Pooja Sharma (2017)

Facts:

• A woman used a fake birth certificate to apply for a passport.
• The authorities discovered the fraud during document verification.

Judgment:

• The court ruled that the accused had knowingly used a fake certificate.
• She was sentenced to 6 months imprisonment and a fine of ₹10,000.

4. Prakash Yadav vs. State of Bihar (2015)

Facts:

• The accused submitted a forged land ownership certificate to claim government compensation.
• Officials checked the records and found the certificate was fake.

Judgment:

• The court ruled that using false property documents is a violation of IPC 198.
• The accused was sentenced to 3 years imprisonment and a fine of ₹1 lakh.

5. State vs. Anil Kumar (2012)

Facts:

• A person used a fake experience certificate to get a private sector job.
• After working for a few months, the employer found out about the forgery.

Judgment:

• The court ruled that even private sector frauds fall under IPC 198 if the document is used as genuine.
• The accused was sentenced to 1 year imprisonment and a fine of ₹25,000.

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Section 198 IPC in short information

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
IPC 198	Using as true a certificate known to be false	Same as punishment under IPC 197 (Up to 7 years imprisonment + Fine)	Non-Bailable	Cognizable	Magistrate

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IPC Section 198 FAQs

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