Hey,
I have read your query and would like to tell you more about forgery. Section 463 of Indian Penal Code, 1860 provides that 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 enter into any express or implied contract, or with intent to commit fraud, commits forgery.
Section 464 of Indian Penal Code, 1860 provides how forgery of documents occurs. Only the person who makes false document can be held liable under the provision. It provides that when there is no doubtfulness, there is no scope for understanding. As referred in the case Sheila Sebastian vs. R.Jawaharaj – A person who fraudulently;
· Makes, signs or administers a document
· Makes or records any electronic record
· Affixes any electronic stamp
· Make any image indicating execution of a document
With the intention to make it seem like the document, electronic record, electronic signature was made or signed by such a person, by whom it was not made or signed.
Section 465 of Indian Penal Code, 1860 provides punishment for forgery. Whoever commits forgery shall be punished with either imprisonment, which may be extended to two years or with fine or both. Forgery is a non- cognizable offence which means, the offence is less serious in nature and police has no authority to arrest without a warrant in these cases and are bailable in nature.
Exception- If a forgery is of promissory note of Central Government then it is cognizable in nature.
You can file a case in either criminal or civil court. Criminal courts deal with offenses against the state and public depending on the jurisdiction and nature of forgery. If found guilty then the perpetrator can be punished with fines or imprisonment. Whereas, lawsuit in civil courts will seek to provide damages or other remedies for the injury caused by forgery, and do not result in imprisonment.
You can refer to Ram Narain Poply vs Central Bureau of Investigation
In this case the court stated that the term “forgery” is used in it’s common and popular acceptance. The first essential in order to constitute forgery is that the accused should have made a false document that to with an intention to harm or cause injury to a class of society, public or to an individual.
Hope this helps you with your query.
Regards
Parth Chawla
