Diiference betwen forgery and false evidence
Querist :
Anonymous
(Querist) 18 November 2011
This query is : Resolved
can any expert explain me basic diference betwen these two.
Nadeem Qureshi
(Expert) 18 November 2011
463. Forgery
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.
COMMENTS
The false making or material altering of a document or electronic record with the intent to defraud. A person is guilty of forgery if, with purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor: (a) alters any writing of another without his authority; or (b) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or (c) utters any writing which he knows to be forged in a manner specified in paragraph (a) or (b).
Mere making of a false document or false electronic record would not constitute defrauding unless injury or intent to cause injury to the person deceived is also proved--Sadanand, 1997 Crl.LJ NOC 103 : Tul Mohan Ram, 1981 Cri.LJ NOC 223 (Delhi).
False evidence is evidence presented in a legal case that cannot legally be relied upon for any number of reasons, ranging from genuine forgery of evidence to illegal means of procurement that bar the evidence from court even if it is factually valid. This can include spoken testimony, as well as physical evidence. The standards of evidence are designed to exclude false evidence but there have been a number of noted cases involving questionable evidence that led to convictions or acquittals in legal cases.
Inadmissible evidence includes evidence acquired illegally, such as evidence taken during an illegal stop and search, along with evidence that was not properly documented when it was collected. If there are doubts about the chain of custody for evidence, it must also be excluded on the grounds that it could have been falsified or forged. Once evidence is collected, it must be in the control of law enforcement at all times, whether it is in the physical custody of an officer or in a secured lockup area where evidence can be stored. If evidence is left out without adequate supervision at any point, it is compromised, and cannot be used in court.
Shonee Kapoor
(Expert) 18 November 2011
Forgery can be with regard to any document only.
False evidence can be about any fact and issue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 18 November 2011
I do agree with experts
Guest
(Expert) 18 November 2011
The term forgery denotes, preparing or fabricating a false document or manipulating a an existing document to destroy evidence so that the truth may not get noticed. On the other hand, false evidence denotes making a false statement to mislead the court or inquiring authority to detract them from the fact of the case about some incident.
Guest
(Expert) 18 November 2011
agree with mr Dhingra
Sailesh Kumar Shah
(Expert) 20 November 2011
I also completely agree with views of Shri PS Dhingra.
prabhakar singh
(Expert) 20 November 2011
To me while a 'FORGERY' shall always relate to a DOCUMENTARY evidence ;
BUT a FALSE EVIDENCE may be in relation to both kind of evidences 'ORAL or DOCUMENTARY'.
