Using a False Certificate Under Section 198 IPC: Understanding the Law

1. Code

Section 198 of the Indian Penal Code (IPC) deals with the offense of “using a false certificate”. Here is an explanation on Section 198 IPC.

2. Explanation

It states that whoever knowingly uses any document, certificate, or other writing containing a false statement, knowing that such statement is false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

To establish this offense, the prosecution needs to prove:

• The accused used a document, certificate, or other writing containing a false statement.
• The accused knew that the statement in the document was false.
• The accused used the document with the intention of deceiving someone.

3. Illustration

For instance, if someone uses a fake educational certificate to secure a job, they would be guilty of using a false certificate under this section. Similarly, using a forged medical certificate to avoid work or school would also fall under this offense.

4. Common Questions and Answers

Q: What is the punishment for using a false certificate?

A: The punishment for this offense is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Q: Can a person be acquitted if they were unaware of the document being false?

A: Yes, if the accused can prove that they were unaware of the falsity of the document, they might be acquitted.

Q: What is the difference between Section 198 IPC and Section 465 IPC?

A: Section 465 IPC deals with the offense of forgery, while Section 198 IPC focuses on the act of using a forged or false document.