forgery ipc 468

Indian Kanoon- IPC Section 468 Forgery for purpose of cheating. Required fields are marked *. Section 467 is an essential part mentioned under the chapter 18th of the Indian Penal Code, 1860, titled “Offenses related to the property and the documents.” Section 467 basically deals with forgery of a valuable security or a will etc. Forgery: Section 463, 464 IPC. To secure a conviction under Section 468 IPC, a heavy burden lies on the prosecution to prove the ingredients of section 463. If the prosecution were to establish forging of the documents and intending to use such forged documents for the purpose of cheating, then only the accused is liable for being convicted. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467; IPC Section 473. Forgery which is an offence under the IPC 1860 is defined under Section 463. Under Indian penal code, it comes under the offence about documents & to property marks. 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 IPCof the Code. Forgery, which is an offence under the Indian Penal Code 1860 is defined in section 463. Cognizable . The above discussion on Forgery is extracted from a recent judgment of Bombay High Court in Ravindra Babulal Jain Vs. State of Maharashtra dated October 1 2015 in which the Court held that even if it is assumed that, the in-put form is not correctly filled, that zone number is not mentioned and that incorrect market value is mentioned of the subject property, even then no offence can said to be made out by the applicants of using false document or of forgery. Unless there is an element of fraud, the making of a false document would not amount to a forgery. Ever since the time of the invention of writing, the offence of forgery was also in existence. 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. To attract an offence under section 471 of Indian Penal Code, essential requirement is that, there should be a use of forged document. Forgery for purpose of harming reputation; IPC Section 470. Using as genuine a forged document or electronic record; IPC Section 472. Non-bailable . IPC Forgery : S.468 to 471 : Indian Penal Code, 1860 - YouTube According to section 468 of Indian penal code, Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which … Similarly, the affidavit though supposed to contain only true statements may contain untrue statements. 468. Forgery can thus be described as merely the means to achieve an end and ­­­­­the end is deception. He did so intending that the document or electronic record forged shall be used for the purpose of cheating (vide Section 417). A bail is claimed as a matter of right. If what is executed is not a false document, there is no forgery; That a charge of forgery cannot be imposed on a person who is not the maker of the same. Description of IPC Section 468. Forgery for purpose of cheating.—Whoever commits forgery, intending that the document [i] [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. List of MPs Who are accused/charged for 468 ("Forgery for purpose of cheating" ) Magistrate of the first class . The first component, namely, intention to cause damage is intent complete in itself. Sec 463 deals with forgery whereas Sec 465 is punishment for forgery. The condition precedent for an offence under sections 467, 468 and 471 is forgery. Here’s why, Disability Day: Empower Persons With Disabilities: President Pranab Mukherjee, Demonetisation: 10 Highlights Of The Affidavit Filed In SC By The Centre, Grey areas people are exploiting to justify unaccounted cash as legal income. A-1 was a bank employee, who took a blank draft on which A-5 had forged the signature of their agent A-3, opened a new account in the name of a factious person and enchased the cheques. It defines the basic concept, but offences are created by other sections which impose penalties ranging from two years, imprisonment to life, depending on the document forged and the intent with which it was forged. Whereas Sec 466 to Sec 469 are few aggravated offences of forgery. Section 467 - Forgery of Valuable Security, Will, etc. Khatri v. State of Bihar had observed that the offender need not actually commit the offence of … However, if the accused has used the forged document for the purpose of cheating, he becomes liable to Section 468 as well as for committing the offence of cheating. ( Log Out /  Click to rate this Case Law! A suit plaint or a written statement may contain certain averments which may be untrue, but such untrue statements in pleading or application would not be sufficient to make them forged documents. 468 IPC . 468 IPC. As per Section 463, intention to cause damage or injury to the public or person is only one of the five situations. The main difference between cheating and forgery is that in cheating the deception is oral, whereas in forgery it is in writing. Mere inclusion of certain false recitals or particulars though may amount to making a false statement, does not amount to forgery. Imprisonment for 7 years and fine . Forgery for cheating (S. 468) As per Section 468, IPC, the prosecution has to prove that the document or electronic record has been forged as contemplated in S.463 and along with that thee accused has forged them with an intention to use them for the purpose of cheating. The object of section 468 IPC was to find out as to whether the accused deceived someone by making false documents. Magistrate of the first class 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. 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. This section refers to a specific case of forgery in which the document is made subsidiary to cheating which is the main purpose of the offender. Forgery; 3 Requirements to attract an offence u/s. Dr. Hari Singh Gour, Indian Penal Code, 14. The section does not require that the accused should commit the offence of cheating, what is material for the section is committing forgery with the intent to use the forged document for the purpose of cheating. IPC Section 468. To attract an offence under section 468 of Indian Penal Code, the following are the requirements. Forgery for the purpose of harming the reputation of any person or knowing that it is likely to be used for that purpose . Learn how your comment data is processed. So where a school-master forget a school attendance register for the purpose of obtaining a government grant, he was held to be punishable under this section1Thias section will not apply when the cheating is complete, and the subsequent forgery is only intended to cover the offence. Sec 468 IPC, as defined in the code reads as, “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.” but before going further first, we need to understand the meaning of the term “Forgery.” So basically it's a kind of white-collar crimewhich is generally referring to the false making of an any legal data wi… He must, however, intend it to be used for cheating, which makes him, at last, the abettor of the cheat. The only evidence was that premium amounts were credited to his account, which by itself was not sufficient to prove his guilt. The document or electronic record or the part of it must be false in fact; It must have been made dishonestly or fraudulently within the meaning of the words used in Section 464, IPC; and. The deponent in such cases may perhaps be liable for other offences, but not the offence of forgery. police has started their investigations just now. Forgery - ipc 420 & 468 This query is : Resolved Report Abuse Follow Query Ask a Query . Forgery for purpose of cheating, IPC Section 468 in Hindi. To attract an offence under section 468 of Indian Penal Code, the following are the requirements. IPC Chapter XVIII; S. 468 : Forgery for purpose of cheating: Description; Whoever commits forgery, intending that the document or electronic record 1 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. Legal provisions regarding Forgery for purpose of cheating under section 468 IPC, “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”. Forged document or electronic record; IPC Section 471. It is an aggravated form of forgery with an additional ingredient that is ‘purpose of cheating’ and gives a penalty of up to a 7 year jail term. Forgery - ipc 420 & 468. In such a context, the accused were held to be rightly convicted for offences Under section 467,468 and 120B, IPC. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Change ), You are commenting using your Google account. Bar of limitation under Section 468 (2) (c) – three years. Change ), You are commenting using your Twitter account. Forgery has been described before as involving the presence of one or other of the two elements of dishonesty or fraud. Forgery for purpose of cheating. Section 468 applies only to the cases where forgery is for the purpose of cheating. The accused was acquitted because there was no evidence that it was with his knowledge and content that the co-accused had forged the documents which reacted to obtaining of LIC policies. Section 465 of the Code prescribes the Punishment for forgery. 03 October 2011 i am charged under sec 420 & 468 for an offense, i had applied for a passport in 2009 & had submitted a forged date of birth. In English common law, Blackstone refers to such offences, especially the forging of the seals of state, which was treated as one form of treason. Section 463 – forgery –Whoever makes any false documents or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause an… Forgery The assertion of … Punishment under Section 468 IPC: Whoever commits forgery, intending that … 1. Provision. The condition precedent for forgery is making a false document (or false electronic record or part thereof). That he did so with an intention that the document forged shall be used for the purpose of the cheating, The disputed document or electronic record is forged document, The accused forged the documents (vide Section 465). Making or possessing counterfeit seal, etc., with intent to commit forgery … The main distinction between cheating and forgery is that in cheating the deception is oral on the other hand in forgery it is in writing. Sec 470 defines a forged document. Offences related to forgery are given in Chapter XVIII of IPC. Section 467 IPC deals with the aggravated form of forgery.To understand this section in an easy manner, let’s have a quick overview of the section. Legal provisions regarding Forgery for purpose of cheating under section 468 of Indian Penal Code, 1860. Forgery has been described before as involving the presence of one or other of the two elements of dishonesty or fraud. Change ), Ravindra Babulal Jain Vs. State of Maharashtra, View: Demonetisation and digital transactions will never stop corruption in India. Friday, 06, Nov, 2020 . Intent to defraud implies (a) an intention to deceive and (b) such deception involving the causing of legal injury. Forgery is then a means to an end, that end being the wrongful acquisition or retention of property. Change ), You are commenting using your Facebook account. What constitutes a false document is elaborately given in Sec 464. The offence of forgery for cheating under the Indian Penal Code is a non-bailable and a non-compoundable offence. Querist : Anonymous (Querist) 02 October 2011. Forgery of valuable security, will, etc.—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 deliver any money, movable property, or valuable security, or any document purporting to … Bailable . It should be noted that the intention to cause injury is not an essential ingredient of the offence of forgery. Section 466, 467, 468 and 469 of Indian Penal Code 1860 Forgery of court record or public register, making false document, forgery of valuable security, will etc, forgery for the purpose of cheating etc are defined under Section 466, 467, 468 and 469 of Indian Penal Code 1860. In modern English Common Law: “forgery is the making a false document with intent to deceive” However, with the promulgation of the Forgery Act 1913, forgery became a statutorily defined offence. The making of a false document by itself is not punishable in Indian penal code (hereinafter referred to as IPC) under the provision of chapter XVIII (dealing with the offence related to documents). Forgery for purpose of cheating; IPC Section 469. 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. 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. ( Log Out /  Simply Put. Forgery for purpose of cheating: “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 […] The mere fact that a document contains some false recitals or untrue statement would not make it a false document. Forgery for the purpose of cheating . Forgery for purpose of cheating Forgery for purpose of cheating Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to … Section 1(10) of the Act defines forgery as ‘making a false document in order that it may be used as genuine’. Cognizable . Your email address will not be published. Having regard to the definition of a false document under section 464 of Indian Penal Code, a document can be said to be forged only if it purports to be signed or sealed by a person who in fact never signed or sealed it. Offences Relating to Documents and Property Marks, Case Summary: Bachan Singh v State of Punjab (1980), IPC Mains Questions Series Part X: Important Questions for Judiciary, APO & University Exams | Part – X of X, IPC Mains Questions Series Part IX: Important Questions for Judiciary, APO & University Exams | Part – IX of X, IPC Mains Questions Series Part VIII: Important Questions for Judiciary, APO & University Exams | Part – VIII of X, Code of Civil Procedure, 1908 – Notes, Case Laws And Study Material, Cross Border Insolvency in Indian Perspective: A Comparative Study, NLIU Debate Competition 2021 | The Industrial Feud – A Debate on Employees, Workers, and their Relationships, Rights and Duties of Partners: An Overview. 469 IPC . (i) That, the document in question is a forgery; (ii) That, the accused forged it; (iii) That, in forging it he intend that it shall be used for the purpose of cheating. This must be the int… Whoever commits forgery, intending that the document 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. Section 468 IPC contemplates an aggravated form of forgery with an additional ingredient of the “purpose of cheating” and prescribes a stiffer penalty of upto a 7 year jail term. Forgery for purpose of cheating Section 468 IPC. forgery is completed by the one that has the intention to cause damage, and deceit by producing a false document. The very basis of the offence of forgery is the making of false documents with the criminal intention to cause damage to any person. The punishment for forgery as defined under Section 468 of the Indian Penal Code, is imprisonment up to seven years and shall also be liable to pay a fine. The court in B.L. Punishment under Section 465 IPC: 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. ( Log Out /  That making of a document is different than … Section 468 applies only to the cases where forgery is for the purpose of cheating. 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. The assertion of a false claim in a document does not constitute the document a false one. Scope of Section 468. Forgery is then a means to an end, that end being the wrongful acquisition or retention of property. October 4, 2015 Case Law Reporter Today. (i) That, the document in question is a forgery; (iii) That, in forging it he intend that it shall be used for the purpose of cheating. When the preparation of a document does not amount to a forgery, the use of such document does not constitute as offence under this section. Forgery for purpose of cheating. ( Log Out /  This section refers to a special case of forgery in which the document is made subservient to cheating which is the main purpose of the offender. While Sec 465 deals with mere forgery, Sec 468 of the Indian Penal Code states that if a person commits forgery with a document or electronic record with the intention of cheating, they shall be punished with a term which may extend up to 7 years and shall also be liable to fine. Imprisonment for 3 years and fine . Section 468 is applied and prescribes punishment only to the cases of forgery with the purpose of cheating. IPC Section 468. Commit fraud or that fraud may be committed. Your email address will not be published. The elements of forgery under Section 463 are: The term ‘fraud’ in Section 463 implies an infringement of someone’s legal right though not necessarily connected with deprivation of property. A forgery could be a deceitful act of making a replica of a document, cheques, written bond, signatures, work of art & property marks etc. The making of a false document or electronic record should be with intent to: Cause danger or injury to: (i) the public, or (ii) to any person; or, Cause any person to part with property; or, Enter into any express or implied contract; or. 468. This case does not relate to any false electronic record. A bailable offence is regarded as crimes which are less severe and less grave. IPC - SECTION 468 - Forgery for purpose of cheating Whoever commits forgery, intending that the document 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. This site uses Akismet to reduce spam. [Total: 3 Average: 4.7] To attract an offence under section 468 of Indian Penal Code, the following are the requirements. According to Section 463 of the Indian Penal Code, “Whoever makes any false documents 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.”. Provisions under these sections are: Section 466 of Indian Penal Code. Removal of inscriptions of tombs was also severely punished in Rome.

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