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Aditya (Student)     06 November 2010

Mistake

By mistake a person has made a voter card by an agent who was fake man. The person does not know that the voter card is forged. He got his PAN card issued on the basis of this voter card. After verification it has been found that the voter card is not genuine( Its seal ,logo and signature). Now person is unable to prove that this has been made by a faker. What punishment he can get? Is there any way to help him by any clause? 



Learning

 4 Replies

DEEPAK ASSOCIATES (08010117611)     07 November 2010

u/s 468 and 471 of IPC the punshiment described as 7 years and fine. Being the person who beneficiary can be convicted.

During the course of trial you have to prove that it is not made by you and you was not aware about it thereby some chance is there to get some benefit of doubt from court

Aditya (Student)     07 November 2010

sir , for this small mistake , is this ethical to get so cruel punishment. I also want to know that the punishment may extend to 7 years or it is fixed. In this case what will be the minimum punishment he can get...

Sir reply please...

mukesh singh (student)     08 November 2010

Dear Aditya, the word is used in s.468 of i.p.c. by the legislature is ...intending... it indicates that the accused must has an intention for that offence.  On onther hand in ss. 468 & 471 read with s.465 of i.p.c. words ...may extend... are used for punishment therefore the quantum of punishment depends upon gravity of offence.But in my view there is no intention because the accused has acted in good faith and mistake of fact too and no offence shall be constitute in absence of mens-rea.  I think this is quite sufficient for your problem, to know more add some more facts. Jay Hind

Aditya (Student)     08 November 2010

Thanks for your reply... 

Dear  Sir , Is  section 468 of ipc applicable in this case?    because section 468 of ipc is related to cheating...

   Because  the person's name and his/her address is correct on the voter card. Is it a cheating?

please sir reply....


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