v. Union of India & Ors. According to English common law: every instrument which fraudulently purports to be that which it is not is a forgery . it is not mandatory that the entire document is forged, fabrication of any part of the whole document can constitute forgery. Forgery for purpose of cheating . Case :- CRIMINAL MISC. The making of a false document by itself is not indictable under the provision unless the documents amount to a forgery. When a person executes a document conveying a property describing it as his, there are two possibilities. Ibrahim and others vs. State of Bihar (2009) 8 SCC 751 upon examining Section 463, 467 to 471 IPC as noted, herein above, the Court while dealing with sale-deeds executed by the accused held: "There is a fundamental difference between a person executing a sale deed claiming that the property conveyed is his property, and a person executing a sale deed by impersonating the owner or falsely claiming to be authorized or empowered by the owner, to execute the deed on owner's behalf. In short, WHEN , if (i) he made or executed a document claiming to be someone else or authorized by someone else; or (ii) he altered or tampered a document; or (iii) he obtained a document by practicing deception, or from a person not in control of his senses. Chapter XVIII of the Indian penal Code, 1860, in Section 463 to 489 E, deals with the offence relating to documents & property marks. SECTION 463 IPC: whoever makes any false document or false electronic [] Section 463, 464 and 465 of Indian Penal Code 1860 Forgery, making a false document and punishment for forgery are defined under Section 463, 464 and 465 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. 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 Code. We will curate the best interviews with detailed questionnaire that will guide all aspirants in the right direction. Forgery; IPC Section 464. When a false thing is made with the intention to induce someone to have faith in it as genuine & original, then the offence of forgery is committed. Forgery can thus be labelled as merely the means to achieve an end the end being deception. STUDY NOTES: Abuse of Dominant Position under the COMPETITION ACT, 2002, STUDY NOTES: Doctrine of Promissory Estoppel. IPC Chapter XVIII; S. 465 : Punishment for forgery: Description ; 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. FORGERY AS AN OFFENCE UNDER I.P.C. IPC Section 463. If what is executed is not a false document, there is no forgery. In forgery the intention of the Under section 464 IPC. Case Study: Lily Thomas, Etc. It makes it explicit that only the one who makes a false document can be held liable under the aforesaid provision. Section 464 defines the making of the false document sufficient to be brought in within the cover of forgery. Forgery of valuable security , will, etc. There is a further requirement that it should have been made with the intention of causing it to be believed that such document was made or executed by, or by the authority of a person, by whom or by whose authority he knows that it was not made or executed. Advocates (Amendment) Bill, 2017: Parody or Necessity? But to fall under first category of `false documents', it is not sufficient that a document has been made or executed dishonestly or fraudulently. Nature and Scope of sections 463, 464, 465 IPC. Section 463 defines forgery as making of a false document with any of the intentions noted therein. Sec 465 provides the punishment for the commission of the offence of forgery. "Forgery of record of court or of public register, etc" WritingLaw; Law Q&A; Exam Tips; Bare Acts; Law Notes; Law PDFs; WritingLaw. In Roman law, it was enacted by the Lex corenelia de falsis, that a person ho falsely writes, seals, publicly read or foists in a forged will or other documents or makes, cuts, moulds, a spurious seal willfully & maliciously should be punished if a free man with deportation, & if a slave, with death.. The offence of forgery is basically made of two core requirements. Punishment to commit forgery under IPC section 465 IPC Section 465 describes the punishment and states that According to this Section 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. There are two key provisions for the offence of forgery as specified in the Code. Therefore, forging of state seal was made an offence within the Common Law. Asha Qureshi v. Afaq Qureshi. And sec 464 tells regarding what constitutes a false document whereas sec 465-469 talks regarding a lot of aggregate variety of offences of forgery. Under this section 463 deals with the forgery whereas its penalization is given under section 465. Life imprisonment or Imprisonment up to 7 years & fine. Recently, in Sheila Sebastian v. R. Jawaharaj, a Two-Justices Bench of the Indian Supreme Court, having strictly interpreted the provisions defining forgery in the Indian Penal Code 1860 [IPC], concluded that for constituting an offence under Section 464 it is imperative that a false document is made and the accused person is the maker of the same, otherwise the accused person is not liable for Study Notes: WHAT IS WEDNESBURY PRINCIPLE? The second is where a person dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part, without lawful authority, after it has been made or executed by either himself or any other person. Section 467 IPC deals with the aggravated form of forgery.To understand this section in an easy manner, lets have a quick overview of the section. Forgery for purpose of cheating; IPC Section 469. One ingredient of Sec 463 is making of a falsedocument, and Sec 464 defines that ingredient. 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 Code. Cognizance Bail Triable By; Non-Cognizable. When court should not grant injunction in case of unauthorized construction. The document or electronic record or part of the document or part of the electronic record must be false. Case Study: Syed Asifuddin v. State of Andhra Pradesh, FUNDAMENTALS OF LEGAL RESEARCH AND LEGAL RESEARCH METHODOLOGY. A close scrutiny of the aforesaid provisions makes it clear that, Section 463 defines the offence of forgery, while Section 464 substantiates the same by providing an answer as to when a false document could be said to have been made for the purpose of committing an offence of forgery under Section 463, IPC. By cancellation of a document or an electronic record. The condition precedent for an offence under sections 467, 468 and 471 is forgery. With intent to cause damage or injury to the public or to any person. With detailed definitions and references we will make it Encyclopedia of Legal Terms. While Section 463 defines forgery as the making of a false document or false electronic record with intent to cause damage, Section 464 defines the making of a false document or false electronic record sufficient to be brought it within the cover of forgery. To commit fraud or that fraud may be committed. This case does not relate to any false electronic record. We will give you multiple perspectives and educating articles. Editorial picks from the Team behind Legal Wires and from the desk of the Editorial Team. Legal Wires is an Online Electronic Media Portal, dedicated to Public Education and Critical Legal Analysis of the trending discourses of National and International importance. Know what is hot in the legal fraternity and governance. Sec 425, sec 426, sec 427, sec 428, sec 429 sec 430 & sec 431 crpc crpc 1973 general provisons execu - Duration: 12:13. The condition precedent for forgery is making a false document (or false electronic record or part thereof). IPC Section 467. Document required before verification of land, Study Notes: Who is Hindu? 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 effectuating the fraud intended. Thus, forging a document as a will alleged to be executed by a man will amount to this offence, The three forms of creating a false document are-. The offence of forgery is the making of a false document with the criminal intent to cause damage to any person. Making a false document . Indian Penal Code (IPC) Section 464. If there is no forgery, then neither section 467 nor section 471 of the Code are attracted. Section 464 defines the making of the false document sufficient to be brought in within the cover of forgery. Life imprisonment or imprisonment up to 10 years & fine, Forgery for the purpose of harming reputation, Using as genuine a forged document or electronic record, Imprisonment up to 2 years or fine or both, Making or possessing counterfeit seal , with intent to commit forgery, Life imprisonment or Imprisonment up to 7 years & also fine, Making or possessing counterfeit seal etc., with intent to commit forgery punishable otherwise, Possession of record of court or of public register knowing it to be forged & intending to use as genuine. A person is said to make a false document or false electronic record- First - Who dishonestly or fraudulently-Skip to content . When a party can file suit for rectification of misdescription of immovable property in sale deed? & forgery for purpose of duplicitous & damaging the repute of another, etc, a penalty may extend to three years, seven years or 10 years of imprisonment & fine. 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. Therefore, the question is whether the accused (petitioners), in executing and registering the general power of attorney purporting to sell a property, can be said to have made and executed false document. It is a false making of any written instrument for the purpose of fraud or deceit; including every alteration of or addition to a true instrument. Case Study: Archana v. Dy Director of Consolidation, Amroha & amp; Ors. Magistrate First Class. Forgery is an offence which can be traced back to its origin with the invention of writing & the practice of conserving the written documents. Making Sense of the RTI and its 2019 Amendment: A paradigm for Swarth Rajya. Counterfeit device or mark used for authenticating court records or public register or possessing counterfeit marked material. Khaki Mafia: Torture, Impunity and Indolence, JUSTICE KULDIP SINGH: Remembering the Green Judge, Child Pornography: A disturbing trend in Lockdown, Sustainable Development Goals: From a distinct lens, Illegal Migrants: The new Thugs of Hindostaan Part-1. Forbes Gokak Limited, Case Study: R. Kuppayee & Anr v. Raja Gounder, Case Study: Smt. For illustration, in the case of forgery of the record of the court, or of public register, forgery of valuable security, will, etc. Indian Penal Code (IPC) Section 464. 2 Years or Fine or Both. Forgery of record of court or of public register, etc. The object here is to cause a miscarriage of justice. It need not be always handwritten; the law of forgery shelters printing, engraving, and typewriting as well. Punishment for forgery; IPC Section 466. The felony of forgery has been in being for fairly a stretched period now. To cause any person to part with property, To cause any person to enter into an express/implied contract. According to Section 465, to charge someone for the offence of forgery, the prosecution has to prove that the accused not only made a false document as per section 464 IPC but created it with one of the intents mentioned in Section 463 IPC. A close scrutiny of the aforesaid provisions makes it clear that, Section 463 defines the offence of forgery, while Section 464 substantiates the same by providing an answer as to when a false document could be said to have been made for the purpose of committing an offence of forgery under Section 463, IPC. Making a false document. Making a false document. Classification u/schedule 1 CrPC: Offence Punishment; Forgery. Whether non-payment of rent by the tenant to the landlord amounts to a forfeiture of tenancy? Kushank Mittal 4,279 views Therefore, it can be stated that, Section 464 of the Indian Penal Code, 1860 defines one of the ingredient Such making should be done with such intention as specified: To cause damage or injury to public or person. Section 463 of the Indian Penal Code, 1860 defines the offence of forgery and Section 464 of the Indian Penal Code, 1860 substantiates the same by providing an answer as to when a false document could be said to have been made for the purpose of committing an offence of forgery under Section 463 of the Indian Penal Code, 1860. Full Law Study Material PDFs: 320. Making a false document. The maximum imprisonment of either description i.e. NEWS: Mandatory publication of notice inviting objections before marriage under Special Marriage Act violates privacy: Allahabad HC, NEWS: We are the Supreme Court of India and we will do our Job, says SC on Farm Laws, NEWS: Allahabad HC Says Nobody is Entitled to Interfere in the Peaceful Life of two Adults, NEWS: Babri Masjid demolition case: LK Advani deposes via video link, says no hand in the conspiracy, Supreme Court rejects petition for transparency in the enlistment of cases by the Registry, NEWS: Pakistan Supreme Court Hinted at Banning Youtube in Pakistan. Making a false document; IPC Section 465. Sec 463 says for forgery to take place there The typical custom offorgingis to formulate untrue writing and sign anothers name to it or to make a substantial amendment to valid writing already signed by another. This section is dedicated to the vision of Legal Wires behind starting it. Fraudulent cancellation , destruction , etc, of will authority to adopt or valuable security punishment. A. It must be made clear in mind that, where there exists no doubtfulness, there lies no scope for understanding. Is the E-court system possible in present India? In the case of Daniel Hailey Walcott v. State, the Madras high court listed the following elements of forgery: Section 464 of IPC talks about making of false document . We curate everything going around in Legal aspects of the country. Provisions under these sections are: Section 463 of Indian Penal Code. 1. and Schools of Hindu Law, Arjun Panditrao Khotkar case: The Story of Electronic Evidence so far, Forgery of record of court of public register. And sec 470 deals with the forged document that whats a false document which might be forged. Case study of popular cases with in depth analysis and opinion of various personalities. 23. IPC Section 463 defines the offence of forgery. Forgery: Section 463, 464 IPC. #forgeryipc #sec465ipc #ipc. The offences may broadly be divided into two categories. Making a false document and its Punishment -Section 464 of Indian Penal Code (IPC) In many cases it is found that people makes small changes in their pay slip and other documents to show their new employer or for applying for loan and credit card by taking it lightly. 464. WRIT PETITION No. The offence of forgery comes under offences relating to document and property. Forgery is one such crime that is becoming increasingly difficult to prove. Principle of Non-Retroactivity of Penal Statues: A Fundamental Human Right? Sec 463 defines the offence of forgery whereas Sec 464 talks about when a false document is said to have been made for the purpose of committing the offence of forgery. Section 465 of the Code prescribes the Punishment for forgery. If what is executed is not a false document, there is no forgery. Bailable. Section 464 describes making a false report or false electronic record necessary to bring it into the cover of falsification. The person who makes a false document or false electronic record commits forgery. Further, three conditions are given in Sec 464 providing a wide view when a false document is said to have been made. Central Government Act Section 464 in The Indian Penal Code 464 Making a false document. Forgery means fraudulent making or alteration of any record, deed, writing, instrument, register, stamp, etc., to the prejudice of another mans right. The definition of forgery under Section 464 of the Indian Penal Code 1860 [IPC] today is not what it used to be - and is commonly still assumed to be by many laypersons and lawyers alike.
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