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”.
2. Explanation
Section 198 IPC 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 Section 198 IPC. 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.