Indian Penal Code, 1860
Section 198
repealedUsing as true a certificate known to be false
Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Why this exists
Certificates—like educational degrees, medical fitness certificates, or official attestations—are trusted documents used to prove facts without needing a witness in person. The law recognizes that a false certificate is only dangerous once someone actually relies on or presents it as genuine. Section 198 closes the loop left by Section 197: it punishes the 'user' of a fake certificate, not just its maker, ensuring both creating and knowingly deploying false documentary evidence are treated as seriously as lying in court.
How courts read it
Courts have generally held that both guilty knowledge (that the certificate is false) and a corrupt motive (dishonest intent to deceive or gain advantage) must be proved together—mere possession or innocent use of a wrong certificate is not enough. The 'material point' requirement means the falsehood must matter to the purpose for which the certificate is used, not be a trivial or irrelevant detail.
Common misconceptions
- Myth: Only the person who created the false certificate can be punished.
Fact: Section 198 separately punishes anyone who knowingly uses or tries to use that false certificate as genuine, even if they didn't create it. - Myth: Any mistake or wrong detail in a certificate can lead to punishment under this section.
Fact: The person must know the certificate is false and use it corruptly (dishonestly); honest mistakes or unknowing use are not covered.