Forgery — Fake document produced in judicial proceedings — Scope of Sections 195 Cr.P.C./215 BNSS and 340 Cr.P.C./379 BNSS — Prior fabrication — Police prosecution permissible (Paras 11(iv)–(vi), 12–13) Issue: Whether Court complaint under Section 340 Cr.P.C. is mandatory where forged document was fabricated before production in Court. Facts: Appellant relied upon a fabricated birth certificate in judicial proceedings to claim juvenility; inquiry by Juvenile Justice Board and hospital authorities established that certificate was fake and never issued by Government General Hospital, Guntur. Held: Following Iqbal Singh Marwah v. Meenakshi Marwah, bar under Section 195 Cr.P.C. applies only where forgery is committed after document comes into custodia legis; where fabrication occurred prior to production before Court, police prosecution is maintainable without resort to Section 340 Cr.P.C. procedure. (Paras 11(iv)–(vi), 12–13)

advocatemmmohan

AP HIGH COURT HELD THAT 

Juvenile Justice Act — Plea of juvenility — Determination of age — Reliance on school records — Fake birth certificate rejected (Paras 3–9, 13(1))

Issue: Whether appellant convicted under Section 376AB IPC and Section 6 of the POCSO Act, 2012 was a juvenile on the date of offence.
Facts: Appellant convicted for rape of a 6-year-old girl claimed juvenility by producing a birth certificate showing date of birth as 28.06.2001; however, Juvenile Justice Board, after inquiry, found the certificate to be fake and relied on school records showing date of birth as 22.09.2000.
Held: Under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, age determined by Juvenile Justice Board based on authentic records is presumed correct; appellant was not a juvenile on date of offence and had to be treated as an adult. (Paras 3–9, 13(1))

---

Forgery — Fake document produced in judicial proceedings — Scope of Sections 195 Cr.P.C./215 BNSS and 340 Cr.P.C./379 BNSS — Prior fabrication — Police prosecution permissible (Paras 11(iv)–(vi), 12–13)

Issue: Whether Court complaint under Section 340 Cr.P.C. is mandatory where forged document was fabricated before production in Court.
Facts: Appellant relied upon a fabricated birth certificate in judicial proceedings to claim juvenility; inquiry by Juvenile Justice Board and hospital authorities established that certificate was fake and never issued by Government General Hospital, Guntur.
Held: Following Iqbal Singh Marwah v. Meenakshi Marwah, bar under Section 195 Cr.P.C. applies only where forgery is committed after document comes into custodia legis; where fabrication occurred prior to production before Court, police prosecution is maintainable without resort to Section 340 Cr.P.C. procedure. (Paras 11(iv)–(vi), 12–13)

---

Judicial proceedings — Production of fake document — Direction for criminal prosecution — Accountability of persons involved (Paras 10–13)

Issue: Whether action should be initiated against persons producing fabricated birth certificate before Court.
Facts: Appellant filed notarized affidavit and relied upon fake birth certificate to establish juvenility despite contradictory Aadhaar and school records; Juvenile Justice Board confirmed fabrication after examining hospital authorities.
Held: Production and use of fabricated document in judicial proceedings affects administration of justice and cannot be ignored; Court directed transmission of material to Superintendent of Police, Guntur for investigation and prosecution against all persons involved in fabrication of birth certificate. (Paras 10–13)