sunil (jt secy) 25 July 2013

Forgery

The officer responsible for maintaining my ACRs has misplaced it, it cant be found. The officer was dutybound for safety of the ACR. I have no access to the ACR as the whole process is confidential. Actually it is a classic case of "Res ipso loquitor', but this cant be used in a criminal case.

It has hurt my career very badly.

The third proviso of Sec 464 of IPC reads, "or Thirdly.- Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration."

Can i take recourse to 464? Should i take recourse to Cr PC 190?

Is there some other remedy?

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2 Replies

Ashok, Advocate (Lawyer at Delhi) 25 July 2013

Am I missing something in the facts narrated by you?

I don't understand how the offence of forgery (whether due to "Thirdly" part of Section 464 or otherwise) can be attracted in a case where the ACRs have been misplaced. How the ingredients of Section 464 are attracted has not been made clear in your statement of facts. This section talks of forging a document, while you're mentioning that the ACRs were misplaced by the officer concerned. Has the said officer also forged the ACRs after they were misplaced?

Section 190 Cr.P.C. can be resorted to wherever there is the commission of an offence. However, before doing so, you can approach the police first if a COGNIZABLE offence has been committed.

You can consider departmental action against the officer responsible under the relevant Departmental Rules for penalizing the delinquent officer.