FORGERY BY YOGYA BHATIA @LexCliq

FORGERY

According to Section 3 of the Indian Evidence Act,1872 defines document as, “Document” means any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.”

Forgery is defined under Section 463 of Indian Penal Code, whosoever makes any fake document or incorrect electronic record or part of a document with an intention to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to share with property, or to enter into any express or implied contract, or with purpose to commit fraud or that fraud may be accomplished, commits forgery.

According to Section 463 of IPC, A person is declared to make a false document when.

1) who dishonestly or fraudulently makes sign, seal or performs a document or part of a document makes any mark indicating the execution of a document, with the intention of causing it to be believed that such document or part of a document was made signed sealed or executed by the authority of a person by whom authority was not made, signed at a time at which he knows that it was not made sealed or executed; or

2) who without legal authority dishonestly or fraudulently by withdrawing or contrarily reconstructs a document in any material part thereof after it has been made himself or by any person whether such person be alive or dead at the time of such alteration; or

3) whoever dishonestly or fraudulently causes any person to seal, sign, execute or reconstruct a document knowing that such person by reason of unsoundness of mind or intoxication cannot by reason of deceit practised upon him, he does not know the content of the document or the nature of the alteration.

 

FORGERY LAW IN INDIA-

Section 465 of the Indian Penal Code deals with the penalty for forgery in India. As per this Section, the offence is punishable by imprisonment up to 2 years or fine or both. It is a non-cognizable, bailable offence in India that is triable by a Magistrate of the first class. Nevertheless, this is not a compoundable offence.

PUNISHMENT FOR FORGERY-

Section 465 of the Indian Penal Code describes Punishment for forgery. According to this section, whoever commits forgery shall be punished with imprisonment of jail term either description for a span which may extend to two years or with the penalty, or with both. Under IPC it is a non-cognizable offence. If the forgery is of a promissory note of the Central Government, then it is Cognizable.

CASE LAW-

Ram Narain Poply v. Central Bureau of Investigation

In this case the court stated that the term forgery as used in the statute is used in its ordinary and popular acceptance. To constitute forgery, the first essential is that the accused should have made a false document. The false document must be made with an intention to cause harm or injury to the public or to any class of society or to any community.

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