Forgery (Section 463 to Section 474 of the Indian Penal Code,1816)
Thank you in advance for answering this question. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. According to Section 464 A person is said to make a false document or false electronic record - First— Who dishonestly or fraudulently — a makes, signs, seals or executes a document or part of a document; b makes or transmits any electronic record or part of any electronic record; c affixes any digital signature on any electronic record; d makes any mark denoting the execution of a document or the authenticity of the digital signature, with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or Secondly — Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly— Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration. What is Forgery of valuable security, will, etc? Mauji Ram and Balbir Singh ravished her during the night and she died almost immediately. What constitutes a false document or part of document is not the writing of any number of words which in themselves are innocent, but the affixing of the seal or signature of some person to the document or part of a document knowing that the seal or signature is not his and that he gave no authority to affix it. In State of Maharashtra v. If the forgery is of promissory note of the Central Govt, is Cognizable.
Subsequent decisions of the Supreme Court tried to atone for what it had decided in the Mathura case. Imprisonment for life, or imprisonment for 7 years and fine. Thanks in advance to the experts 03 October 2011 Thank you very much for the suggestion Sethi Saab. 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. Ingredients : 1 A person forges a document, 2 The document purports to be, A record of proceedings of a Court of Justice, or B register of birth, baptism, marriage or burial or C register kept by a public servant as such, or D certificate or document made by public servant in his official capacity, or E authority to Institute or defend suit etc. Somebody transfers the land patta of died person to his own name in 2008 by making a forged document by making fake signature of died person. When they were about to leave the police station, Mathura was kept back at the police station in the late hours of the night by one of the constables, Ganpat, who was on duty.
Sexual Intercourse A very important case that led to definite amendments in the section is Sakshi v. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. But it is essential that the false document, when made, must either appear on its face to be, or be in fact one, which, if true, would possess some legal validity, or in other words, must be legally capable of effectivating the fraud intended. When she asked the appellant as to where the sister of the accused was, he told her that she was in the room and when she went inside the room, he followed her into the room, bolted the room from inside and raped her. Section :- Possession of forged or counterfeit currency-notes or bank-notes Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Imprisonment for 1 year, or fine, or both. Can i plea bargain in this case or should i contest? She became pregnant but accused got the foetus aborted in 1991. Similarly, procuring of poison, in itself, will not constitute offence of attempt to commit murder, though the objective might have been to administer poison to a specific person. Ditto Ditto Ditto 488 Making use of any such false mark Ditto Ditto Ditto Ditto 489 Removing, destroying or defacing property mark with intent to cause injury. Since the law gives a lot of importance on proving the intent of the accused, there have been some tests to determine the murderous intent of the accused. For example: X sells and conveys an estate to P. Intent to defraud implies a an intention to deceive and b such deception involving the causing of legal injury.
Cognizable, bailable, non-compoundable and triable by a Magistrate of the first class 8. An act of helpless resignation in the face of inevitable compulsions is not consent in law. What is forgery for the purpose of harming reputation? The policy behind the exemption from liability in the case of consent is based on the principle that a man is the best judge of his or her own interest, and if a man includes woman decides to suffer a harm voluntarily, he or she cannot complain of it when it comes about. Making or possessing counterfeit seal, etc. There is no such point are mentioned that how to punish a rapist. It should be noted that intention to cause injury is not an essential ingredient of the offence of forgery.
What the Supreme Court held on Forgery under IPC [Read Judgment]
The girl protested vehemently against this outrageous demand, but under pressure of her husband, was induced to surrender. 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. Consent implies the exercise of a free and unhampered right to forbid or withhold what is being consented to; it always is a voluntary and conscious acceptance of what is proposed to be done by another and concurred in by the former. How are you connected with such case? Section :- Falsification of accounts Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, willfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or willfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in. Imprisonment for life, or imprisonment for 7 years and fine. 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.
What the Supreme Court held on Forgery under IPC [Read Judgment]
A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person whose order it was payable; here A has committed forgery. Section 468 of the Indian Penal code says that, whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. I have been threatened by some local party members. In such cases it is presumed that the consent of the woman is not free and voluntary to exonerate the accused of the charge of rape. This must be the intention of the forger, thoughts not necessary that he should use the document himself for the purpose of cheating or that he should cheat at all. . The prosecutrix then filed a complaint against him.
Forgery and making of false documents under the Indian Law
I had no wrong intention as this was done to secure an overseas job. In such a situation the person knows the fact of deception, and pretends to be the husband of the woman. Section 473 - Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. As per Section 463, intention to cause damage or injury to the public or person is only one of the five situations. Therefore, execution of such document, purporting to convey some property of which he is not the owner, is not execution of a false document as defined under Section 464 of the Indian Penal Code, 1860. Accused did not keep his promise to marry her and even disputed the paternity of the child. 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.
