What Is The Penalty For Using Fake Pollution Certificates?

Pollution Under Control (PUC) certificates are legally required for all vehicles under Indian law. These certificates help monitor vehicular emissions and play a vital role in maintaining air quality and reducing pollution levels. Using a fake or forged PUC certificate is not just a traffic offense but a criminal act. It undermines public health policies, deceives regulatory bodies, and can contribute to environmental degradation. Therefore, the penalties for such an act are serious and multifaceted.

Legal Consequences and Penalties

Monetary Fine:

Under Section 190(2) of the Motor Vehicles Act, 1988, driving a vehicle without a valid PUC certificate can attract a fine of up to ₹10,000 for the first offense and may increase for repeat offenses.

Imprisonment:

In more severe cases, especially where the fake certificate is proven to be intentionally forged or repeatedly used, the individual may face imprisonment up to 6 months, or both fine and imprisonment.

IPC Charges for Forgery:

Using or generating a fake PUC falls under forgery and fraud as defined in the Indian Penal Code:

Section 465: Punishment for forgery – up to 2 years imprisonment or fine or both.

Section 468: Forgery for the purpose of cheating – up to 7 years imprisonment and fine.

Section 471: Using a forged document as genuine – same punishment as forging it.

Vehicle Impoundment:

Traffic authorities can seize or impound the vehicle until the owner provides a valid and verifiable PUC certificate. This may also lead to the suspension of the vehicle's registration.

Criminal Record and Court Proceedings:

If caught with a fake certificate, the individual may face criminal prosecution, leading to a permanent record that could affect job opportunities, travel permissions, and future legal cases.

Insurance Claim Denial:

If the vehicle is involved in an accident while using a fake PUC, insurance companies have the right to reject claims, citing violation of compliance norms and fraudulent behavior.

Blacklisting and Repeat Offenses:

Vehicles found with multiple offenses related to fake documents may be blacklisted by the RTO. This can affect the resale value and future registration of the vehicle.

Damage to Public Trust and Environmental Policy:

Faking pollution documents weakens efforts to control air pollution, especially in cities with high pollution levels like Delhi, Mumbai, and Bengaluru. It also undermines government initiatives like the National Clean Air Programme (NCAP).

Example:

A man in Bengaluru was caught using a fake PUC certificate during a surprise road inspection. The document had been downloaded from an unauthorized website and didn’t match the official government database. On verification, traffic police issued a challan with a ₹10,000 fine under the Motor Vehicles Act. Additionally, a case was filed under IPC Sections 468 and 471 for forgery and using a forged certificate. His vehicle was seized, and he was summoned to appear in court. Later, when he met with an accident, his insurance claim was denied due to the non-validity of the PUC at the time of the incident.