Whether visa comes under the definition of valuable security as per section 30 of IPC?
Mona Doshi (----------------------) 03 January 2013
Whether visa comes under the definition of valuable security as per section 30 of IPC?
@Querist,
NO.
I suppose, I need not to explain "Why". You have read section 30 of IPC. Now try to interpret what it says.Make a genuine effort and should you fail, do tweet here.
A clue for you -
"Ask yourself if VISA creates a legal rights within the meaning of legal rights creation."
Thanks,
Regards,
Mona Doshi (----------------------) 04 January 2013
@ Mr. Sumitra and Mr. S. Gangadhar.
Thanx for the response.
As per my limited knowledge visa doesn't create any right as it is simply a permission and if inspite holding a valid visa a person is denied entry into any country we can't appraoch court of justice. thus, visa is not valuable security.
However in one of my matter the visa of the accused was forged thus ss 465,467,471,420 of ipc was levelled against him and his bail was rejected both by MM and Sessions Court on the ground that visa is valuable security and thus s. 467 is attracted for which punishment prescribed is upto life.
Thanx
@Querist,
I am afraid, your limited knowledge didn't give you the right sense of the used word 'right' and your logic too ends up in tragic ends of prospective thought coming with wisdom.Still your try worth a praise.
Now,Let's first see the definition of valuable security given by the section 30 of IPC.
"The words 'Valuable Security' denotes a document which is,or purports to be, a document whereby any legal right is created,extended,transferred,restricted,extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right."
Here a legal right of a document means the holding of such document itself gives the holder the legality to hold such document. It can be better understood by an example(Citing from bare act illustration).
"A writes his name on the back of a bill of exchange. As the effect of this endorsement is transfer the right to the bill to any person who may become the lawful holder of it,the endorsement is a 'Valuable security'.
Now in reference to your case follwing should be noted-
The moment the VISA was forged, a legal right created by illegal means because the forged VISA document given the legal rights to the holder by the document itself,thus becoming a valuable security within the meaning of 'Valuable Security' of section 30 of IPC.
Hope that helps
Thanks,
Regards,