CREATED SALE DEEDS -FICTITIOUS DOCUMENTS DURING PENDENCY OF PARTITION SUIT

Forgery is defined under Section 463 of Indian Penal Code, "Whosoever makes any fake document or incorrect electronic record or part of a document with an intention 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 share with property, or to enter into any express or implied contract, or with purpose to commit fraud or that fraud may be accomplished, commits forgery."

Section 465 of the Indian Penal Code deals with the penalty for forgery in India. As per this Section, the offence is punishable by a jail cycle elongating up to 2 years or fine or both. It is a non-cognizable, bailable offence in India that is triable by a Magistrate of the first class. Nevertheless, this is not a compoundable offence.

Refer to Sheila Sebastian v. R, Jawaharaj to get an insight into your query.

In the case of Ram Narain Poply v. CBI, the court stated that the term forgery as used in the statute is used in its ordinary and popular acceptance. In order to constitute forgery, the first essential is that the accused should have made a false document. The false document must be made with an intention to cause harm or injury to the public or to any class of society or to any community.

Thus, you can file a case under any of the above mentioned sections of the IPC.

Regards,

Anaita Vas