Forgery

Here is a small look into the crime of Forgery and punishment regarding it.

Section 463 of IPC (Indian Penal Code) defines forgery as given below
Whoever makes any false document or false electronic record or part of a document or electronic record, with intent 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 part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Section 464 deals with making a false document

A person is said to make a false document or false electronic record–
First–Who dishonestly or fraudulently–

  1. makes, signs, seals or executes a document or part of a document;
  2. makes or transmits any electronic record or part of any electronic record;
  3. affixes any digital signature on any electronic record;
  4. 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 of 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.

A few examples are given below.
Illustrations
(a)     A has a letter of credit upon B for rupees 10,000, written by Z.  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.  A has committed forgery.
(b)     A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B, and thereby of obtaining from B the purchase money.  A has committed forgery.
(c)     A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees.  A commits forgery.

Section 465 states the punishment for forgery
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
So next time you think of slightly bending the law for some advantages think again.

Take Care and Obey the Law.

Adv Kiran T K
For EnteKeralam.com

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