Skip to main content

Forgery under ipc

                      FORGERY

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.

Forgery hence can be described as a means to achieve an end- the end is an instance of action or scheme fabricated to mislead someone into believing a lie or inaccuracy

Concept of false Document 

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

Firstly- 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

Secondly- 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 

Thirdly- 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.

What Constitutes Forgery?

Forgery implies false document, signature or other imitation of the object of utility used with the intent to deceive another. Those who commit forgery are usually charged with the crime of fraud. Objects of the forgery include contracts, identification cards, and legal certificates. The most common form of forgery includes signing someone else’s name to cheque. Objects, data, and documents can also be forged. Legal contracts, historical paper, art objects, certificates, licenses, identification cards can also be forged. Consumer goods and Currency can also be forged but this crime is usually referred to as counterfeiting.

The basic elements of forgery include:

  • Forgery requires Deception

In most of the jurisdiction, the crime of forgery is not imposed unless it is done with the intent to commit fraud larceny. For example, the work of art can be replicated or copied without any crime being committed unless someone attempted to sell or represent the original copies. In such cases, the act would be considered an illegal forgery. 

  • Creation of fake document 

Forgery also includes the creation of fraudulent or fake documents. For instance, it can involve photocopying of the person’s signature and then artificially placing it on a document without their knowledge or consent. Moreover, On the grand scale forgery occurs in the field of art and literature.

  • Forgery as Identity Theft

Identity theft is a crime wherein the defendant unjustly acquires and uses another’s person personal data in some way that involves fraud or deception typically for budgetary gain.

Initially, states have treated identity theft as deceptive imitation forgery or as theft by deception.

  • The intention of the forger

Section 468 pertains only to the cases where forgery is for the purpose of cheating. Forgery has been explained before as concerning the presence of one or other of the two elements of dishonesty or fraud.

Proof: the prosecution has to prove that the:

  • Accused committed forgery.

  • That he did so with an intention that the document forged shall be used for the purpose of cheating.

  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.

 

 

 

 


Comments

Popular posts from this blog

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B