How to report fake resumes and forged degrees under BNS 2023

1. The "Fake it till you make it" reality check

You are grinding for internships, building your portfolio, and sweating over every single line on your resume. Then you see a post on Reddit about "this guy" in Uttar Pradesh—maybe a local leader, a high-ranking official, or a "senior" at work—who has clearly fabricated their entire educational background. In a state where 10 lakh people might apply for a few thousand government jobs, seeing someone "fake it till they make it" isn't just annoying; it is a systemic theft of opportunity. Whether it is a forged marksheet or a fake PhD on an election affidavit, you do not have to just "deal with it." If you have spotted a blatant lie on a resume or a public profile, here is how you can use the law to call out the bluff and ensure accountability.

2. What the law actually says about fake degrees

Since July 1, 2024, the legal landscape for forgery and cheating in India has shifted from the old Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS), 2023. If someone uses a fake degree to get a job, secure a contract, or hold an official position, they are committing a series of criminal offences.

Forgery (Section 336 of the BNS) This section defines forgery as making a false document or electronic record with the intent to cause damage or injury to the public or any person, or to support any claim or title. Creating a fake university degree, a professional certificate, or even a digital marksheet falls squarely under this definition. The law does not just look at the physical paper; it looks at the intent to deceive.

Forgery for the Purpose of Cheating (Section 338 of the BNS) This is a more specific and severe charge. If someone forges a document specifically to cheat—like using a fake MBA to secure a high-paying job or a government posting—they can be punished with imprisonment for up to seven years and a fine. This section replaces the old Section 468 of the IPC.

Using a Forged Document as Genuine (Section 340 of the BNS) This is the most common section used against people with fake resumes. Even if "this guy" did not print the fake degree himself (maybe he bought it from a "degree mill"), simply using it as if it were genuine is a crime. Under Section 340, the person using the forged document is punished in the same manner as if they had forged it themselves.

Cheating and Dishonestly Inducing Delivery of Property (Section 318 of the BNS) Lying about qualifications to gain a "wrongful gain" (like a salary, a promotion, or a public office) constitutes cheating. Under Section 318(4), if the cheating involves inducing the delivery of property (which includes a salary or government funds), the punishment can extend to seven years of imprisonment.

False Affidavits (Section 125A of the Representation of the People Act, 1951) If the person in question is a politician in Uttar Pradesh, the stakes are higher. Filing a false affidavit regarding educational qualifications during elections is a specific offence. The Supreme Court, in Union of India v. Association for Democratic Reforms (2002), established that voters have a fundamental right to know the educational background of candidates to make an informed choice.

3. Step-by-step playbook to expose a fraud

Exposing a fake resume requires a mix of digital sleuthing and formal legal steps. Do not jump to conclusions without evidence; follow these steps to build a solid case.

Step 1: Verify the credentials through RTI Do not rely on rumors. If the person claims a degree from a public university (like Lucknow University, AKTU, or BHU), you can verify this officially.

• What to do: File an application under Section 6(1) of the RTI Act, 2005, with the Public Information Officer (PIO) of the concerned university.
• What to ask: Request "Verification of the degree/marksheet issued to [Full Name], son of [Father's Name], for the year [Year], Roll No [if known] or Enrollment No [if known]."
• Note on Privacy: Universities often cite "third-party privacy" under Section 8(1)(j) to reject these requests. However, if the person is a public official or the degree was used to obtain a public job, you must argue that there is a "larger public interest" involved.
• Link: File an RTI online to get the official confirmation needed for a police case.

Step 2: Check the ECI "Know Your Candidate" portal If the person is a political candidate or an elected representative in UP, their affidavits are public records.

• Action: Visit the Election Commission of India (ECI) website or the UP State Election Commission portal.
• What to look for: Search for the candidate's name and download their "Form 26" affidavit. Check the "Educational Qualifications" section.
• Cross-check: Compare the university name and year mentioned with the university’s official list of colleges or graduation records for that year. Many frauds are caught because they claim a degree from a year when the university did not even offer that specific course.

Step 3: Gather secondary evidence

• Archive social media: Take screenshots of LinkedIn profiles, "About" pages on official websites, or news reports where they claim certain degrees. Use tools like the Wayback Machine to archive these pages before they are deleted.
• Check UGC lists: If the degree is from a private university you have never heard of, check the University Grants Commission (UGC) list of fake universities at ugc.gov.in. As of 2024, several institutions in Uttar Pradesh and Delhi are frequently flagged.

Step 4: File a formal complaint (The FIR) Once you have proof—such as an RTI reply stating "No such student found" or a UGC notice—you must report the criminal act.

• Where to go: Visit the nearest police station in the jurisdiction where the person resides or where they submitted the fake document.
• What to state: Your written complaint must explicitly mention Sections 336, 338, and 340 of the BNS 2023.
• The BNSS rule: Under Section 154 of the BNSS (which replaced the old Section 154 of the CrPC), the police are mandated to register an FIR if the information discloses a cognizable offence. If they refuse, you have the right to send the complaint to the Superintendent of Police (SP) under Section 173(4) of the BNSS.
• Link: How to file an FIR (and what to do if police refuse).

Step 5: Use the UP CM Helpline and Jan Sunwai If the local police are hesitant because the person is influential, use the state's grievance redressal systems.

• Action: Register a grievance on the Jan Sunwai (IGRS) portal (jansunwai.up.nic.in) or call the CM Helpline at 1076.
• Details: Upload your RTI response and the copy of your police complaint. These portals track the officer assigned to your case, making it harder for them to ignore the issue.

Step 6: Report to the employer or the Governor

• For Private Employees: Email the company’s HR and Legal department with the evidence. Most companies have a zero-tolerance policy for credential fraud.
• For State Officials: If the person is a high-ranking official or a Vice-Chancellor, you can write to the Governor of Uttar Pradesh, who serves as the Chancellor of all state universities.

Link: If the forgery involves digital records, deepfakes, or online profiles, you might also need to use the Cyber Crime reporting portal.

Link: For more ways to hold officials accountable and improve transparency in your city, Browse all civic-action guides.

Where it usually breaks

Reporting a "big shot" or even a senior colleague for forgery isn’t always a smooth ride. Here is where the system usually stalls and how you can push through:

1. The "Personal Information" RTI Rejection When you file an RTI with a university in Uttar Pradesh (like AKTU or LU), the Public Information Officer (PIO) might reject it citing Section 8(1)(j) of the RTI Act, claiming a degree is "personal information."

• The Workaround: Don’t back down. Cite the Supreme Court judgment in Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal (2019), which clarifies that for public posts or where public interest is involved, such info can be disclosed. If they still refuse, file a First Appeal under Section 19(1) of the RTI Act within 30 days.

2. Police refusing to file an FIR If you go to a local Thana in UP to report a forged degree, the police might tell you it’s a "civil matter" or ask you to "settle it" with the employer.

• The Workaround: Remind them of the Supreme Court's mandate in Lalita Kumari v. Govt. of UP (2014)—if a complaint discloses a cognizable offence (like forgery under Section 336 of the BNS), filing an FIR is mandatory. If they still refuse, use the UP Jan Sunwai (IGRS) portal to file an online complaint or send your complaint to the Senior Superintendent of Police (SSP) via Registered Post with Acknowledgement Due (AD). Under Section 173 of the BNSS, you can also look into filing an "e-FIR" for certain cases.

3. The Private University "Black Hole" If the person claims a degree from a private university (e.g., Amity or Sharda), the RTI Act doesn’t apply directly to them.

• The Workaround: File the RTI with the University Grants Commission (UGC) or the State Private University Regulatory Authority. Ask if the specific course was approved for that year. Alternatively, send a formal "Verification Request" to the university’s registrar as a concerned citizen; many have a dedicated "Verification Cell" that charges a small fee (usually ₹500–₹2,000) to confirm if a roll number is valid.

4. Retaliation and Safety If the fraudster is a local political leader or a powerful boss, reporting them openly can be risky.

• The Workaround: Do not go solo. Use the UP Vigilance Establishment or the Lokayukta for anonymous complaints if the person is a public servant. If it's a private employee, send an anonymous "Whistleblower" tip to the company’s HR or Board of Directors with the evidence you’ve gathered via RTI.

Templates / script

A. RTI Template (To a Public University)

To: The Public Information Officer (PIO), [Name of University, e.g., University of Lucknow], [Address], Uttar Pradesh.

Subject: Application under Section 6(1) of the RTI Act, 2005.

Details of Information Sought:

1. Please provide confirmation on whether a degree/marksheet for [Course Name, e.g., B.Tech] was issued to [Full Name of Person], S/o [Father's Name], for the passing year [Year].
2. If yes, please provide the verified date of issuance and the Roll Number/Enrollment Number as per university records.
3. Please provide a certified copy of the entry in the University’s "Degree Awarded Register" for the aforementioned individual.

Note: The information sought is a matter of public record and relates to the credentials of an individual holding/applying for a public/professional position, hence Section 8(1)(j) does not apply.

Fee: I have attached a Postal Order of ₹10 (No: [Number]) as the application fee.

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B. Formal Complaint to Employer/HR

Subject: Formal Intimation regarding Forged Educational Credentials of [Name of Person]

Dear HR Team/Board of Directors,

I am writing to bring to your attention a serious matter regarding the professional integrity of [Name], currently serving as [Designation].

Based on a verification conducted through [mention source, e.g., University Verification Cell/RTI], it has come to light that the [Name of Degree] claimed by the individual from [University Name] is potentially forged/fabricated. Attached is the [RTI response/Verification report] for your reference.

Under Section 340 of the Bharatiya Nyaya Sanhita (BNS), 2023, using a forged document as genuine is a criminal offence. As a concerned stakeholder, I request you to conduct an internal inquiry to protect the organization’s reputation and legal standing.

Sincerely, [Your Name/Concerned Citizen]

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C. Police Complaint Script (for the Thana)

"Namaste Officer. I want to report a case of criminal forgery under Section 336 and 338 of the BNS. I have proof that [Name] has submitted a fake degree to obtain [Job/Contract/Office]. This is a clear case of cheating the public and the state. Here is the RTI response from the University confirming they never issued this degree. I request you to register an FIR under Section 154 of the BNSS immediately as per the Lalita Kumari guidelines."

FAQs

1. Can I get in trouble for "defamation" if I report someone? Not if your claim is based on facts. Under Indian law, "Truth" is a complete defence against defamation. If you have an official RTI response or a university letter saying the degree is fake, you are protected. Just avoid making "viral" social media posts before the police or company confirms the fraud.

2. What happens to the salary the person already earned using the fake degree? The employer (especially the Government) can initiate a "Recovery" process. Courts in India have repeatedly held that if an appointment is based on fraud, the person has no right to the post or the benefits. Under Section 318 of the BNS, the court can also impose a fine that compensates the victim (the employer) for the loss.

3. Is there a time limit to report a fake degree? For criminal forgery, there is technically no "expiry date" (statute of limitations) for serious offences involving imprisonment over 3 years. Since forgery for cheating (Section 338 BNS) carries up to 7 years, you can report it even if the person has been using the fake degree for a decade.

4. How much does it cost to verify a degree? An RTI application costs only ₹10 (plus ₹2 per page for documents). Private university verification fees in UP usually range from ₹500 to ₹1,500. If you are filing a police complaint, there is zero fee. Never pay a "facilitation fee" to any officer to file an FIR.

5. What if the person says they "lost" their original degree and only have a copy? A "lost" degree doesn't mean the record vanishes from the university. Even if the paper is gone, the University’s "Tabulation Chart" or "Ledger" will have their name and marks. If their name isn't in the University's permanent records, the "lost degree" excuse is just a cover for a fake one.

6. Can I report a politician’s fake degree? Yes. If they lied on their election affidavit, you can file a complaint with the Election Commission of India (ECI) or the State Election Commission. Under Section 125A of the Representation of the People Act, filing a false affidavit can lead to 6 months in jail, a fine, or both. You can also file a "Quo Warranto" writ petition in the Allahabad High Court asking them to prove by what authority they hold office.