What are the offences relating to documents and property marks? Punishment may extend to 7 years of imprisonment and fine. Section 467 : Whoever forges a document which purports to be a valuable security, or a Will, or an authority to adopt a son or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or to deliver any money, movable property or valuable security, or any document purporting to be an acquaintance or receipt acknowledging the payment of money or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Readers need to recheck the validity and accuracy of the content from their own independent sources before using any information on the website in what so ever manner. Forgery is the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of a legal liability. Explanation 1 A man's signature of his own name may amount to forgery.
Offence under Section 471 is committed. Intent to defraud implies a an intention to deceive and b such deception involving the causing of legal injury. When the endorsements on certain passports have been made with a view to help the person having his photograph on the passport to travel to foreign countries to which he is not entitled to travel, such endorsements are obviously made dishonestly or fraudulently and therefore the offence under Section 471 is made out. Forgery means fraudulent making or alteration of any record, deed, writing, instrument, register, stamp, etc. Onus of proof of the existence of every ingredients of the charge always rests on the prosecution and never shifts. Forgery means fraudulent making or alteration of any record, deed, writing, instrument, register, stamp, etc.
A was on the point of insolvency. IllustrationA draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. I had no wrong intention as this was done to secure an overseas job. If the forgery is of promissory note of the Central Govt, is Cognizable. Forgery for purpose of harming reputation. Thanks in advance to the experts 03 October 2011 Thank you very much for the suggestion Sethi Saab. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine.
Section 463 and Section 464 of the Indian Penal Code defines forgery as the making of a false document in order that it may be used as genuine. Section 463 to Section 477A of the Indian Penal Code, 1860 deal with the offences relating forgery, forged documents and making or possessing counterfeit seal, etc with intend to commit forgery. Forgery of record of Court or of public register etc. Explanation 2- The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. A, in order to defraud B, adds a cipher to the 10,000, and makes the sum 1,00,000 intending that it may be delivered by B that Z so wrote the letter. Ingredients: The following facts must be proved to establish falsification of accounts: i The person coming within its purview must be clerk, an officer or a servant or he might be working as a clerk or an officer or a servant. The other situations being: i to support any claim or title ii cause any person to part with property; iii enter into any implied or express contract; or iv with intent to commit fraud.
Illustrations a A has a letter of credit upon B for rupees 10,000, written by Z. According to Section 471 of the Indian Penal Code, whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record. Offence under this section is cognizable, non-bailable, non-compoundable and triable by a Magistrate of the first class 7. Explanation: It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, on any particular day on which the offence was committed. Section 469 : Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B, though he executes the lease in his own name, commits forgery by antedating it. Thereupon, was a finding of the High Court that it was not signed by the person on whose behalf it was purported to have been made. The offence is non-cognizable, bailable, non-compoundable and triable by a Magistrate of first class. Here, as A made a false document in order to induce Z to part with property.
In Roman law, it was enacted by the Lex Cornelia de falsies, that a person who falsely writes, seals, public reads, or foists in forged will or other document or makes, cuts, moulds, a spurious seal willfully and maliciously should be punished —if a freeman with deportation, and if a slave, with death. The only evidence was that premium amounts were credited to his account, which by itself was not sufficient to prove his guilt. Forgery is then a means to an end, that end being the wrongful acquisition or retention of property. However, there was no finding to the effect that signatures by the said party were made to cause harm to the person on whose behalf they were made or without their knowledge or that they were untrue. If you are seeking advice on any matters relating to information on this website, you should — where appropriate — contact us directly with your specific query or seek advice from qualified professionals only.
It is a false making of any written instrument for the purpose of fraud or deceit; including every alteration of or addition to a true instrument. The offence under Section 467 of the Indian Penal Code is non-cognizable, non-bailable, non-compoundable and triable by a Magistrate of first the class. Illustrations a A has a letter of credit upon B for rupees 10,000 written by Z. What is the punishment for forgery? The moment you use it to cheat somebody or use it as a Genuine Certificate you can be in soup and attract prosecution and punishment as mentioned above. A has committed forgery under the first head of the definition. Ingredients : To invoke Section 467 of the Code following ingredients are to be satisfied - A person forges a document which purports to be - 1 A valuable security 2 A Will, 3 an authority to adopt a son 4 authority to any person to make a transfer valuable security. Most of the documents are against me like the passport application, the verification form,the documents submitted along with the passport application has my signatures.
But where the accused applied for admission in a college on the basis of forged certificates Supreme Court held that these certificates cannot be treated as valuable securities and conviction under Sections 467 and 471, I. In support of his application he presented two certificates which he knew to be false. A has committed forgery in as much as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. Ingredients : To invoke Section 463 of the Indian Penal Code, the following ingredients must be established - 1 A person makes any document or part of a document 2 The document or false electronic record or part of the document or electronic record must be false. As fraud when connected with the delivery of property is dishonesty, and as cheating is an offence against property, it follows that this offence has for its object the dishonest acquisition of property.