LegalCrystal - Blog » Criminal Law

What is Perjury ?

Rekha Prasad — Mon, 14 Dec 2009 10:36:20 +0000

An offense of Giving false evidence or fabricating the evidence intentionally by a witness in the Court Proceedings.

The evil of perjury has assumed alarming propositions in cases depending on oral evidence and in order to deal with the menace effectively it is desirable for the Courts to use the provision of S.344 Criminal Procedure Code more effectively and frequently than it is presently done[2008 AIR SCW 4989(A)]

S.344.Cr.P.C.: Summary procedure for trial for giving false evidence.

(1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be false evidence, take cognizance of the offense and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.

(2) In every such case the court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

(3) Nothing in this section shall affect the power of the court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section.

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the First class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

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Dishonour of Cheque’s, Act Immediately

Rekha Prasad — Fri, 04 Dec 2009 17:07:25 +0000

ENRICH YOUR LEGAL KNOWLEDGE

Dishonoured On the ground of Account Closed/Signature does not tally with the specimen?

One of the pre-requisites to file a Complaint under Section 138 of Negotiable Instruments Act for dishonour of Cheques is- A demand should have been made for the payment of the amount of the cheque by a written notice to the drawer within thirty days (before amendment 15 days) from the receipt of information by the payee or holder in due course from the Bank regarding the unpaid cheque.

The below incident shows that one should be very alert and informed while dealing with bounced cheques!

In a particular instance, the drawer of the cheque had issued a cheque for Rs.2,50,000/- towards the discharge of debt liability in favour of the payee/complainant(one who has filed the complaint).

The cheque was presented on 3/6/1998 and it was dishonoured on the ground â€œaccount closed by the drawer.

Without issuing a statutory notice within 15 days (after amendment 30 days) he re-presented the cheque on 25/6/1998 through Syndicate Bank for collection.

The cheque was dishonoured again on the ground that account closed.

Then a statutory notice was issued within 15 days from the date 25/06/1998 and a private complaint was filed under the assumption that he was well within the time of limitation to file the complaint after re-presentation of the cheque.

In this case the accused(the drawer) denied the existence of any debt liability.And submits that the accused had handed over a signed blank cheque to his wife which was given to the daughter of the accused and from whom the cheque is taken by the complainant and after fabrication a false complaint is filed.

In the Criminal Appeal the High Court felt the dishonour of a cheque on the ground of account closed may be technically within the meaning of legal phrase of insufficiency of fund. But as a fact, both the situations are not always identical. In the case of literal situation of insufficiency of funds in the account successive presentation may serve purpose. The drawer could be given opportunity to make good the funds in the account for honouring the cheque on the second presentation. But in the case of account closed the question of successive presentation makes no sense because the account itself is not in existence. There is no possibility of having a fruitful result by successive presentation, unlike the case of insufficiency of funds. Therefore, whenever the cheque is dishonoured on the ground of account closed, the payee cannot resort to successive presentation to save the limitation time. So also in the case of dishonour of cheque on the ground that the signature does not tally with the specimen.

Therefore the court held:In the instant case, it is substantially established by the accused(the drawer of the cheque) that the cheque was dishonoured on 3/6/1998 on its first presentation on the ground of Account Closed. Therefore, the conduct of the complainant in representing the cheque on 25/06/1998 is an unwarranted and unnecessary exercise in law.

The limitation should be computed from the date of dishonour i.e. on 3/6/1998. The legal notice issued by the complainant is beyond the period of 15 days envisaged under section 138 of Negotiable Instruments Act and is not in accordance with law. The complaint is barred by limitation. Accordingly the order of acquittal of accused is confirmed. The Criminal appeal filed by the Complainant is dismissed. [2007(4) AIR Kar R 523]

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Are you afraid you will be prosecuted and punished for the acts done without any criminal intention?

Rekha Prasad — Mon, 09 Nov 2009 13:50:44 +0000

Know more about acts done in good faith in self defence etc. without any criminal intention!

Section 76. I.P.C.: Act done by a person bound, or by mistake of fact believing himself bound, by law -Nothing is an offense which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Illustrations

A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has Committed no offence.

Section 77. I.P.C.: Act of Judge when acting judicially

Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

Section 78. I.P.C.: Act done pursuant to the judgment or order of Court

Nothing which is done in pursuance of, or which is warranted by the judgment or orderof, a Court of Justice ; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order,provided the person doing the act in good faith believes that the Court had such jurisdiction.

Section 79.I.P.C. : Act done by a person justified, or by mistake of fact believing himself justified, by law

Nothing is an offence which is done by any person who is justified by law, or who reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

Illustration

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all person of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

Section 80.I.P.C.: Accident in doing a lawful act

Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Illustration

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

Section 81.I.P.C.: Act likely to cause harm, but done without criminal intent, and to prevent other harm

Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

Explanation:-It is question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

(b) A, in great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act. A is not guilty of the offence.

off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

SectionÂ 82.I.P.C.: Act of a child under seven years of age

Nothing is an offence which is done by a child under seven years of age.

SectionÂ 83.I.P.C.: Act of a child above seven and under twelve of immature understanding

Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

SectionÂ 84.I.P.C.: Act of a person of unsound mind

Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

SectionÂ 85.I.P.C.: Act of a person incapable of judgment by reason of intoxication caused against his will

Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

SectionÂ 86.I.P.C.: Offence requiring a particular intent of knowledge committed by one who is intoxicated

In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

Section 87.I.P.C.: Act not intended and not known to be likely to cause death or grievous hurt, done by consent

Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Illustration

A and Z agrees to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play ; and if A, while playing fairly, hurts Z, A commits no offence.

Section 88.I.P.C.: Act not intended to cause death, done by consent in good faith for person’s benefit

Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm

Illustration

A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death, and intending in good faith, Z’s benefit performs that operation on Z, with Z’s consent. A has committed no offence.

Section 89. I.P.C.:Act done in good faith for benefit of child or insane person, by or by consent of guardian

Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person :

Provisos-Provided-

First: – That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly: – That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly: – That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death of grievous hurt, or the curing of any grievous disease of infirmity ;

Fourthly:- That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Illustration

A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon. Knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.

Section 90.I.P.C.: Consent known to be given under fear or misconception

A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception ; or

Consent of insane person:- if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

Consent of child:- unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

Section 91.I.P.C.: Exclusion of acts which are offences independently of harm caused

The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Illustration

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

Section 92.I.P.C.: Act done in good faith for benefit of a person without consent

Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:

Provisos - Provided-

First-That this exception shall not extend to the intentional causing of death, or the attempting to cause death;

Secondly- That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly: -That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

Fourthly:-That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Illustrations

(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball gives Z a mortal wound. A has committed on offence.

(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is not time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.

(d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.

Explanation-Mere pecuniary benefit is not benefit within the meaning of Sections 88, 89 and 92.

Section 93.I.P.C.: Communication made in good faith

No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Illustration

A, a surgeon in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

Section 94.I.P.C.: Act to which a person is compelled by threats

Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

Explanation 1:- A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law.

Explanation 2:- A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law ; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

SectionÂ 95.I.P.C. : Act causing slight harm

Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

SectionÂ 96.I.P.C.: Things done in private defence

Nothing is an offence which is done in the exercise of the right of private defence.

Section 97.I.P.C.: Right of private defence of the body and of property

Every person has a right, subject to the restrictions contained in Section 99, to defend-

First-His own body, and the body of any other person, against any offence affecting the human body;

Secondly-The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief for criminal trespass.

Section 98.I.P.C.: Right of private defence against the act of a person of unsound mind, etc.

When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Illustrations

(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.

(b) A enters by night a house which he is legally entitled to enter Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.

Section 99.I.P.C.: Act against which there is no right of private defence

There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law.

There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.

There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

Extent to which the right may be exercised:–The right to private defence in no case extends to the inflicting of more harm that it is necessary to inflict for the purpose of defence.

Explanation 1: – A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.

Explanation 2: – A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

Section 100.I.P.C.: When the right of private defence of the body extends to causing death

The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely :–

First-Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

Secondly-Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

Thirdly-An assault with the intention of committing rape;

Fourthly-An assault with the intention of gratifying unnatural lust;

Fifthly-An assault with the intention of kidnapping or abducting;

Sixthly-An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

Section 101.I.P.C.: When such right extends to causing any harm other than death

If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in Section 99, to the voluntary causing to the assailant of any harm other than death.

Section 102.I.P.C.: Commencement and continuance of the right of private defence of the body

The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.

SectionÂ 103.I.P.C.: When the right of private defence of property extends to causing death

The right of private defence of property extends, under the restrictions mentioned in Section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely; -

First-Robbery;

Secondly-House-breaking by night;

Thirdly-Mischief by fire committed on any building, tent or vessel, which building, tent of vessel is used as a human dwelling, or as a place for the custody of property;

Fourthly-Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

[ SUBJECT TO STATE AMENDMENTS]

Section 104.I.P.C. : When such right extends to causing any harm other than death

If the offence , the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong -doer of any harm other than death.

Section 105.I.P.C.: Commencement and continuance of the right of private defence of property

The Right of private defence of property commences when a reasonable apprehension of danger to the property commences.

The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.

The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint of as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

SectionÂ 106.I.P.C.: Right of private defence against deadly assault when there is risk of harm to innocent person

If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person his right or private defence extends to the running of that risk.

Illustration

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

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Are you aware – Intercourse by a man with his own wife amounts to rape, the wife being under sixteen years of age!

Rekha Prasad — Sat, 07 Nov 2009 08:42:10 +0000

. Section 375. I.P.C. Rape:

A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: -

First: – Against her will.

Secondly: -without her consent.

Thirdly: – With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly: -With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly: – With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly: – With or without her consent, when she is under sixteen years of age.

Explanation: – Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape].

[Subject to state amendment]

Section 376. I.P.C. – Punishment for rape

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(1) Whoever: -

(a) Being a police officer commits rape-

(i) Within the limits of the police station to which he is appointed; or

(ii) In the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) On a woman is his custody or in the custody of a police officer subordinate to him; or

(b) Being a public servant, takes advantage of his official position and commits rape on a woman is custody as such public servant or in the custody of a public servant subordinate to him; or

(c) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) Commits rape on a woman knowing her to be pregnant; or

(f) Commits rape when she is under twelve years of age; or

Section 376A. I.P.C. : Intercourse by a man with his wife during separation
Whoever has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine].

Section 376B.I.P.C.: Intercourse by public servant with woman is his custody

Whoever, being a public servant, takes advantage of his official position and induces or seduces any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine].

Section 376C. I.P.C. : Intercourse by superintendent of jail, remand home, etc.
Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman ‘s or children’s institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. Explanation 1. -”Superintendent” in relation to jail, remand home or other place of custody or a women’s or children’s institution included a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.

Explanation 2. – The expression “women’s or children’s institution” shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.]

Section 376D.I.P.C.: Intercourse by any member of the management or staff of a hospital with any woman in that hospital
Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for term which may extend to five years and shall also be liable to fine.

Explanation. -The expression “hospital” shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.]

Section 377.I.P.C. : Unnatural offences

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with[imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.

Explanation. -Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

**************

Know more about : Cheque – A bill of exchange

Rekha Prasad — Fri, 06 Nov 2009 11:45:33 +0000

THE NEGOTIABLE INSTRUMENTS ACT, 1881

ACT NO. 26 OF 1881

[9th December, 1881.]

An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheque’s.

Preamble.

WHEREAS it is expedient to define and amend the law relating to, promissory notes, bills of exchange and cheque’s; It is hereby enacted as follows

CHAPTER I

PRELIMINARY

1. Short title.

This Act may be called the Negotiable Instruments Act, 1881.

Local extent. Saving of usages relating to hundis, etc. It extends to the whole of India but nothing herein contained affects the ‘Indian Paper Currency Act, 1871, (3 of 1871). section 21, or .affects any local usage relating to any instrument in an oriental language: Provided that such usages may be excluded by any words in the body of the instrument which indicate an intention that the legal relations of the parties thereto shall be governed by this Act and it shall come into force on the first day of March, 1882.

2. Commencement.

[Repeal of enactments.] Rep. by the Amending Act, 1891 (12 of 1891), s. 2 and Sch. 1.

3. Interpretation-clause.

In this Act-

3* * * * * *

4["banker" includes any person acting as a banker and any post office savings bank;]

5* * * * * *

———————————————————————————————————–

1 he words “except the State of Jammu and Kashmir”, which were subs. by Act 3 of 1951 for “except Part B States”, omitted by Act 62 of 1956, s. 2 and Sch.
2 Rep. by the Indian Paper Currency Act, 1923 (10 of 1923). See now the Reserve Bank of India Act, 1934 (2 of 1934), s. 31.
3 Definition of the word “India”, which was subs. by Act 3 of 1951 for the definition of the word ” State “, omitted by Act 62 of 1956, s. 2 and Sch.
4 Subs. by Act 37 of 1955, s. 2, for the definition of the word “banker”.
5 Omitted by Act 53 of 1952, s. 16 (w.e.f. 14-2-1956).
Extended to Laccadive Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 & Sch.
Extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962 s. 3 & Sch.
Extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-65) by Reg. 6 of 1963, s. 2 and Such. I.
———————————————————————————————————–

CHAPTER II

OF NOTES, BILLS AND CHEQUES

4. “Promissory note”.

A “promissory note” is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.

Illustrations

A signs instrument in the following terms

(a) “I promise to pay B or order Rs. 500.

(b) ” I acknowledge myself to be indebted to B in Rs. 1,000 to be paid on demand, for value received.”

(d) I promise to pay B Rs. 500 and all other sums which shall be due to him.”

(e) I promise to pay B Rs. 500, first deducting thereout any money which he may owe me.”

(f) “I promise to pay B Rs. 500 seven days after my marriage with C.”

(g) “I promise to pay B Rs. 500 on D’s death, provided D leaves me enough to pay that sum.”

(h) “I promise to pay B Rs. 500 and to deliver to him my black horse on 1st January next.”

The instruments respectively marked (a) and (b) are promissory notes. The instruments respectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes.

Bill of exchange

5. “Bill of exchange”.

A “bill of exchange” is an instrument in writing, containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument.

A promise or order to pay is not “conditional”, within the meaning of this section and section 4, by reason of the time for payment of the amount or any installment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event which, according to the ordinary expectation of mankind, is certain to happen, although the time of its happening may be uncertain.

The sum payable may be “certain”, within the meaning of this section and section 4, although it includes future interest or is payable at an indicated rate of exchange, or is according to the course of exchange, and although the instrument provides that, on default of payment of an instalment, the balance unpaid shall become due.

The person to whom it is clear that the direction is given or that payment is to be made may be a “certain I person”, within the meaning of this section and section 4, although he is miss-named or designated by description only.
6. “Cheque”.

A “cheque” is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand.

Drawer, Drawee

7. Drawer, Drawee.

The maker of a bill of exchange or cheque is called the œdrawer”; the person thereby directed to pay is called the “drawee”. Drawee in case of need. When in the bill or in any endorsement thereon the name of any person is given in addition to the drawee to be resorted to in case of need, such person is called a “drawee in case of need”.

Acceptor – After the drawee of a bill has signed his assent upon the bill, or, if there are more parts thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder or to some person on his behalf, he is called the “acceptor”.

Acceptor for honour. 1[When a bill of exchange has been noted or protested for non acceptance or for better security,] and any person accepts it supra protest for honour of the drawer or of any one of the endorsers, such person is called an “acceptor for honour”.

Payee – The person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called the “payee”.

8. “Holder”.

The “holder” of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto.

Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time of such loss or destruction.

9. Holder in due course.

“Holder in due course” means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if 2[payable to order,] before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.

———————————————————————————————————–
1 Subs. by Act 2 of 1885, s. 2, for “When acceptance is refused and the bill is protested for non-acceptance”.

2 Subs. by Act 8 of 1919, s. 2, for “payable to, or to the order of, a payee”.
———————————————————————————————————–

Payment in due course

10. “Payment in due course”.

“Payment in due course” means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount therein mentioned.

11. Inland instrument.

A promissory note, bill of exchange or cheque drawn or made in 1 [India], and made payable in, or drawn upon any person resident in, 1 [India] shall be deemed to be an inland instrument.

12. Foreign instrument.

Any such instrument not so drawn, made or made payable shall be deemed to be a foreign instrument.

13. 2[(1)Negotiable instrument.

A "negotiable instrument" means a promissory note, bill of exchange or cheque payable either to order or to bearer.

Explanation (i).- A promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it shall not be transferable.

Explanation (ii).- A promissory note, bill of exchange or cheque is payable to bearer which is expressed to be so payable or on which the only or last endorsement is an endorsement in blank.

Explanation (iii).- Where a promissory note, bill of exchange or cheque, either originally or by endorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option.]

3[(2) A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or -some of several payees.]

Negotiation

14. Negotiation.

When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be negotiated.

15. Indorsement.

When the maker or holder of a negotiable instrument signs the same, otherwise than as such maker, for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed thereto, or so signs for the same purpose a stamped paper intended to be completed as a negotiable instrument, he is said to indorse the same, -and is called the “Indorser”.

———————————————————————————————————-
1 Subs. by Act 36 of 1957, s. 3 and Sch. II, for “a State”.
2 Subs. by Act 8 of 1919, s. 3, for the original sub-section.
3 Ins. by Act 5 of 1914, s. 2.
———————————————————————————————————–

16. 1(1) Indorsement in “blank” and “in full”. If the indorser signs his name only, the indorsement is said to be ” in blank,” and if he adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person, the indorsement is said to be “in full”; and the person so specified is called the “indorsee” of the instrument.

1(2) Indorsee. The provisions of this Act relating to a payee shall apply with the necessary modifications to an indorsee.

17. Ambiguous instruments.

Where an instrument may be construed either as a promissory note or bill of exchange, the holder may at his election treat it as either, and the instrument shall be thenceforward treated accordingly.

18. Where amount is stated differently in figures and words.

If the amount undertaken or ordered to be paid is stated differently in figures and in words, the amount stated in words shall be the amount undertaken or ordered to be paid.

19. Instruments payable on demand.

A promissory note or bill of exchange, in which no time for payment is specified, and a cheque, are payable on demand.

Inchoate stamped instruments

20. Inchoate stamped instruments.

Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in 2[India], and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount: provided that no person other than a holder in due course shall recover from the person delivering the instrument any thing in excess of the amount intended by him to be paid there under.

21. “At sight”.

“On presentment”. In a promissory note or bill of exchange the expressions “at sight” and “on presentment” mean on demand. The expression “after sight” means, in a promissory note, after presentment for sight, and, in a bill of exchange, after acceptance, or noting for non-acceptance, or protest for non-acceptance.

———————————————————————————————————–
1 Ins. by Act 5 of 1914, s. 3.
2 Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
———————————————————————————————————–

Maturity

22. “Maturity”.

The maturity of a promissory note or bill of exchange is the date at which it falls due. Days of grace. Every promissory note or bill of exchange which is not expressed to be payable on demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to be payable.

23. Calculating maturity of bill or note payable so many months after date or sight.

In calculating the date at which a promissory note or bill of exchange, made payable a stated number of months after date or after sight, or after a certain event, is at maturity, the period stated shall be held to terminate on the day of the month which corresponds with the day on which the instrument is dated, or presented for acceptance or sight, or noted for non-acceptance, or protested for non-acceptance, or the event happens, or, where the instrument is a bill of exchange made payable a stated number of months after sight and has been accepted for honour, with the day on which it was so accepted. If the month in which the period would terminate has no corresponding day, the period shall be held to terminate on the last day of such month.

Illustrations

(a) A negotiable instrument, dated 29th January 1878, is made payable at one month after date. The instrument is at maturity on the third day after the 28th February 1878.

(b) A negotiable instrument, dated 30th August 1878, is made payable three months after date. The instrument is at maturity on the 3rd December 1878.

(c) A promissory note or bill of exchange, dated 31st August 1878, is made payable three months after date. The instrument is at maturity on the 3rd December, 1878.

24. Calculating maturity of bill or note payable so many days after date or sight.

In calculating the date at which a promissory note or bill of exchange made payable a certain number of days after date or after sight or after a certain event is at maturity, the day of the date, or of presentment for acceptance or sight, or of protest for non-acceptance, or on which the event happens, shall be excluded.

25. When day of maturity is a holiday.

When the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day.

Explanation – The expression “public holiday” includes Sundays: 1*** and any other day declared by the 2[Central Government], by notification in the Official Gazette, to be a public holiday.

CHAPTER III

Inchoate stamped instruments

PARTIES TO NOTES, BILLS AND CHEQUES

26. Capacity to make, etc., promissory notes, etc. Every person capable of contracting, according to the law to which he is subject, may bind himself and be bound by the making, drawing, acceptance, indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque.

Minor. A minor may draw, indorse, deliver and negotiate such instrument so as to bind all parties except himself.

Nothing herein contained shall be deemed to empower a corporation to make, indorse or accept such instruments except in cases in which, under the law for the time being in force, they are so empowered.

27. Agency.

Every person capable of binding himself or of being bound, as mentioned in section 26, may so bind himself or be bound by a duly authorized agent acting in his name.

A general authority to transact business and to receive and discharge debts does not confer upon an agent the power of accepting or indorsing bills of exchange so as to bind his principal.

An authority to draw bills of exchange does not of itself import an authority to indorse.

28. Liability of agent signing.

An agent who signs his name to a promissory note, bill of exchange or cheque without indicating thereon that he signs as agent, or that he does not intend thereby to incur personal responsibility, is liable personally on the instrument, except to those who induced him to sign upon the belief that the principal only would be held liable.

29. Liability of legal representative signing.

A legal representative of a deceased person who signs his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits his liability to the extent of the assets received by him as such.

——————————————————————————————————-
1 The words “New Year’s day, Christmas day: if either of such days falls on a Sunday, the next following Monday ; Good-Friday;” omitted by Act 37 of 1955, s. 3 (w.e.f. 1-4-1956).
2 Subs. by the A.O. 1937, for “L.G.”.
———————————————————————————————————–

Liability of drawer

30. Liability of drawer.

The drawer of a bill of exchange or cheque is bound, in case of dishonour by the drawee or acceptor thereof, to compensate tile holder, provided due notice of dishonour has been given to, or received by, the drawer as hereinafter provided.

31. Liability of drawee of cheque.

The drawee of a cheque having sufficient funds of the drawer in his hands properly applicable to the payment of such cheque must pay the cheque when duly required so to do, and, in. default of such payment, must compensate the drawer for any loss or damage caused by such default.

32. Liability of maker of note and acceptor of bill.

In the absence of a contract to the contrary, the maker of a promissory note and the acceptor before maturity of a bill of exchange are bound to pay the amount thereof at maturity according to the apparent tenor of the note or acceptance respectively, and the acceptor of a bill of exchange at or after maturity is bound to pay the amount thereof to the holder on demand. In default of such payment as aforesaid, such maker or acceptor is bound to compensate any party to the note or bill for any loss or damage sustained by him and caused by such default.

33. Only drawee can be acceptor except in need or for honour.

No person except the drawee of a bill of exchange, or all or some of several drawees, or a person named therein as a drawee in case of need, or an acceptor for honour, can bind himself by an acceptance.

Acceptance by several drawees not partners

34. Acceptance by several drawees not partners.

Where there are several drawees of a bill of exchange who are not partners, each of them can accept it for himself, but none of them can accept it for another without his authority.

35. Liability of indorser.

In the absence of a contract to the contrary, whoever indorses and delivers a negotiable instrument before maturity without, in such indorsement, expressly excluding or making conditional his own liability, is bound thereby to every subsequent holder, in case of dishonour by the drawee, acceptor or maker, to compensate such holder for any loss or damage caused to him by such dishonour, provided due notice of dishonour has been given to, or received by, such indorser as hereinafter provided.

36. Liability of prior parties to holder in due course.

Every prior party to a negotiable instrument is liable thereon to a holder in due course until the instrument is duly satisfied.

37. Maker, drawer and acceptor principals.

The maker of a promissory note or cheque, the drawer of a bill of exchange until acceptance, and the acceptor are, in the absence of a contract to the contrary, respectively liable thereon as principal debtors, and the other parties thereto are liable thereon as sureties for the maker, drawer or acceptor, as the case may be.

Prior party a principal in respect of each subsequent party

38. Prior party a principal in respect of each subsequent party.

As between the parties so liable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent party.

Illustration

A draws a bill payable to his own order on B, who accepts. A afterwards indorses the bill to C, C to D, and D to E. As between E and B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor, and C and D are his sureties. As between E and C, C is the principal debtor and D is his surety.

39. Surety ship.

When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Indian Contract Act, 1872,(9 of 1872) would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged.

Discharge of indorser’s liability

40. Discharge of indorser’s liability.

Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser’s remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity.

Illustration

A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank “

First indorsement, “B”

Second indorsement, “Peter Williams”

Third indorsement, “Wright & Co”

Fourth indorsement, “John Rozario”

This bill A puts in suit against John Rozario and strikes out, without John Rozario’s consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario.

41. Acceptor bound, although, indorsement forged.

An acceptor of a bill of exchange already indorsed is not relieved from liability by reason that such indorsement is forged, if lie knew or had reason to believe the indorsement to be forged when he accepted the bill.

42. Acceptance of bill drawn in fictitious name.

An acceptor of a bill of exchange drawn in a fictitious name and payable to the drawer’s order is not, by reason that such name is fictitious, relieved from liability to any holder in due course claiming under an indorsement by the same hand as the drawer’s signature, and purporting to be made by the drawer.

43. Negotiable instrument made, etc., without consideration.

A negotiable instrument made, drawn, accepted, indorsed or transferred without consideration, or for a consideration which fails, creates no obligation of payment between the parties to the transaction. But if any such party has transferred the instrument with or without indorsement to a holder for consideration, such holder, and every subsequent holder deriving title from him, may recover the amount due on such instrument from the transferor for consideration or any prior party thereto.

Exception I. – No party for whose accommodation a negotiable instrument has been made, drawn, accepted or indorsed can, if he have paid the amount thereof, recover thereon such amount from any person who became a party to such instrument for his accommodation.

Exception II. – No party to the instrument who has induced any other party to make, draw, accept, indorse or transfer the same to him for a consideration which he has failed to pay or perform in full shall recover thereon an amount exceeding the value of the consideration (if any) which he has actually paid or performed.

44. Partial absence or failure of money consideration.

When the consideration for which a person signed a promissory note, bill of exchange or cheque consisted of money, and was originally absent in part or has subsequently failed in part, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced.

Explanation. -The drawer of a bill of exchange stands in immediate relation with the acceptor. The maker of a promissory note, bill of exchange or cheque stands in immediate relation with the payee, and the indorser with his indorsee. Other signers may by agreement stand in immediate relation with a holder.

Illustration

A draws a bill on B for Rs. 500 payable to the order of A. B accepts the bill, but subsequently dishonours it by non-payment. A sues B on the bill; B proves that it was accepted for value as to Rs. 400, and as an accommodation to the plaintiff as to the residue. A can only recover Rs. 400.

45. Partial failure of consideration not consisting of money.

Where a part of the consideration for which a person signed a promissory note, bill of exchange or cheque, though not consisting of money, is ascertainable in money without collateral enquiry, and there has been a failure of that part, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced.

1[45A.Holder's right to duplicate of lost bill. Where a bill of exchange has been lost before it is over-due, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again.

If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.]

Forgery is not just imitation of signature

Rekha Prasad — Fri, 06 Nov 2009 11:44:34 +0000

Dear Readers,

Today I would like to focus your attention to various types of ‘Forgery’ that take place. And also I would like to alert you and caution you of the consequences. Whoever makes any false documents or false electronic record or part of a document orelectronic 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” -SECTION 463 -IndianPenalCode.

MAKING A FALSE DOCUMENT: A person is said to make a false document or false electronic record -

I – who dishonestly or fraudulently :

- makes, signs, seals or executes a document or part of document.
- makes or transmits any electronic record or part of any electronic record,
- affixes any digital signature (Electronic Signature) on any electronic record,
- makes any mark denoting the execution of a document or the authenticity of the digital signature,

with the intention of causing it to be believed that such document or part of document, electronic record or digital signature (Electronic Signature) was made,signed,sealed, executed,transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed,executed or affixed or

II - Who, without lawful authority, dishonestly or fradulently,by cancellation or otherwise, alters a document or an electronicrecord in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or byany other person, whether such person be living or dead at the time of such alteration,or
III- Who dishonestly or fraudulently causes any person to sign, seal,execute or alter a document or an electronic recorder to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

A MAN’S SIGNATURE OF HIS OWN NAME MAY AMOUNT TO FORGERY!
For Example:

1. A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed “FORGERY”
2. A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z executes a lease of the estate to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, Commits ‘FORGERY’.

MAKING OF A DOCUMENT IN THE NAME OF A FICTICIOUS PERSON -

intending it to be believed that the document was made by a real person, or in the name of a deceased person,intending it to be believed that the document was made by the person in his lifetime,may amount to “FORGERY”.for example: A draws a Bill of Exchange upon a fictitious person,and fraudulently accepts the Bill in the name of such fictitious person with intent to negotiate it. A commits “FORGERY”.

TYPES OF FORGERY :

- Forgery of record of Court or of Public Register etc.
- Forgery of valuable security,Will etc.
- Forgery for purpose of Cheating
- Forgery for purpose of harming reputation
- Using as genuine a forged Document or Electronic Record
- Making or Possessing Counterfeit Seal etc. with intent to commit forgery
- Making or Possessing Counterfeit Seal, etc.,with intent to commit forgery
- Having possession of Documents knowing it to be forged and intending to use it as genuine.
- Counterfeiting device or mark used for authenticating documents, Possessing Counterfeit marked material.
- Fraudulent Cancellation, destruction, etc. of Will, authority to adopt, or valuable security.
- Falsification of Accounts.

SECTION 465 IPC – PUNISHMENT FOR FORGERY:

Whoever commits forgery shall be punished with imprisonment of either description(Simple or Rigorous imprisonment) for a term which may extend to Two years or with Fine or with both.

“IGNORANCE OF LAW IS NO EXCUSE”

BE AWARE AND ALERT!

For any further information you may kindly contact me.

Useful Links:

- wwwforgeryfinder.com

/Comment/Criticism/Compliment are key to Growth/

Do you know how a indian police department works ?

Rekha Prasad — Fri, 06 Nov 2009 11:43:43 +0000

Dear Readers,

Like Hospital Service/Telecommunication Service Police Force is also Public utility Service provided by Government for Public Safety and Peace. You need not get alarmed just by the word “Police” & “Police Station”. I want everyone to know the basics of formation and working of police force and the responsibilities and obligations of a Police Officer and also the people should not hesitate or apprehend to approach the Police. One golden word I would like to share here is that “Nobody is above law” – “All are equal under Law” whether he is a Police or a Common man. Even Police Department works systematically according to set rules and regulations of the Government.

First people should know the Grades/Ranks of the Police Officer to whom they have to approach in a particular situation – for that the people should know some basics of rules/regulations/power assigned etc. of the concerned Police Officer.

In case the particular Officer refuses/rejects the requisition/Complaint made – people should know the next recourse to act immediately without getting panicked!

I wish – let Police Officer who interact day to day with public be more sensitive/humane to genuine problems/Complaints of the Public. Let HONESTY AND INTEGRITY prevail in every step of handling each and every case by the Police Officer.

My below writeup is based on Karnataka Police Act -India – For information of the subject concerning different states in India and other Countries abroad – kindly visit the Links I have attached. Here in my writeup I have given only few selected information and necessary sections which a person ought to know to exercise his rights and protect his interest. Though the writeup is little bit elaborate its worth reading because it gives a person an awareness of his rights and the ways and means of approaching or at the most it is definitely gives a person an enlightened approach to deal with certain situation in life.

There shall be one Police Force to the Entire State :

- For the direction and supervision of the Police Force, the Government shall appoint an INSPECTOR GENERAL OF POLICE(IGP) who shall subject to the control of the State Government exercise – such powers and perform such functions and duties and have such responsibilities and such authority as may be provided by or under this Act.

- The Government may appoint such number of DEPUTY INSPECTOR GENERAL as it may deem fit and also by a general or special order direct that the Deputy Inspector General shall assist and aid the Inspector General in the performace, exercise and discharge of his powers,functions, duties, responsibilities and authority in such manner and to such extent as may be specified in the order.

- COMMISSIONER: The Government may appoint a Police Officer not below the rank of a Deputy Inspector General of Police to be the COMMISSIONER of Police for the City of Bangalore or any other area specified in a notification issued by the Government in this behalf and published in the Official Gazette.

DEPUTIES AND ASSISTANTS TO THE COMMISSIONER:

The Government may appoint one or more Deputy Commissioners not below the rank of a Superintendent and one or more Assistant Commissioners of Police not below the rank of an Assistant Superintendent of Police(ASP) or Deputy Superintendent of Police (DSP) in the City of Bangalore or any area in which a Commissioner has been appointed.Unless and other provided by or under the Act – The Commissioner is empowered to exercise his power or perform any function or duty under this Act notwithstanding the fact that such area forms part of a District within the territorial jurisdiction of the District Magistrate/a Superintendent.

- SUPERINTENDENT/ADDITIONAL/ASSISTANT/DEPUTY SUPERINTENDENTS:a district or for one or more districts a Superintendent and one or more Additional Superintendents and such Assistant and Deputy Superintendents of Police, as it may think expedient.

SUPERINTENDENTS OF POLICE FOR WIRELESS SYSTEM/MOTOR TRANSPORT SYSTEM/FOR ANY SPECIAL DUTY: The Government may appoint for the whole of the State or any part thereof one or more Superintendents of Police as it may think fit :

1. For the Police Wireless System

2. For the Police Motor Transport System

3. For the Railway Police or

4. For the performance of such specific duties as the Government may from time to time determine in this behalf And the Superintendent so appointed shall exercise such powers and perform such functions as the Government may from time to time assign to him; provided that such powers and functions shall be exercised or performed subject to the control of the INSPECTOR GENERAL(IGP). SUBORDINATE POLICE:Government may from time to time make, the appointment of Police Officers of and below the rank of Inspectors shall be made by the prescribed authority.

STATE GOVERNMENT

INSPECTOR GENERAL OF POLICE

DEPUTY INSPECTOR GENERAL OF POLICE

COMMISSIONER OF POLICE

DEPUTY COMMISSIONER or SUPERINTENDENT OF POLICE

ASSISTANT COMMISSIONER or ASSISTANT SUPERINTENDENT OF POLICE

SUBORDINATE POLICE/POLICE OFFICERS

DISTRICT MAGISTRATE TO DISCHARGE FUNCTIONS UNDER ORDERS OF GOVERNMENT
GENERAL POWERS OF COMMISSIONER AND SUPERINTENDENT :
The Commissioner subject to the orders of the Inspector General of Police and the Superintendent, subject to the orders of the Inspector General and the Deputy Inspector General of Police, shall within their respective spheres of authority, direct and regulate all matters of arms, drill, exercise, observation of persons and events, mutual relations, distribution of duties, study of laws orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the Police Force under him.

SUPERINTENDENT OF POLICE TO BE THE HEAD OF THE POLICE IN THE DISTRICT,SUBJECT TO THE

GENERAL CONTROL OF THE DISTRICT MAGISTRATE.

POWER OF DISTRICT MAGISTRATE TO REQUIRE REPORTS FROM SUPERINTENDENT:

The District Magistrate may require from the Superintendent reports, either particular or general, or any matter connected with the crimes,habitual offenders, the prevention of disorder, the regulation of assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police Officer subordinate to the Superintendent, the utilization of auxiliary means all other matters in furtherance of his control of the Police Force and the maintenance of order.

POWER OF SUPERVISOR – BY DISTRICT MAGISTRATE

If the District Magistrate observes any marked incompetence or unfitness for the locality or for his particular duties, in any Police Officer subordinate to the Superintendent, he may require the Superintendent to substitute another officer for any officer who he has power to transfer and the Superintendent shall be bound to comply with the requisition.

Provided that if the Police Officer concerned is an Officer of the grade not below that of an Inspector, the District Magistrate may report his conduct to the Inspector General. The Inspector General may, thereafter, determine the action to be taken and pass such orders as he thinks fit, and shall communicate such action or order to the District Magistrate.

WHY – WHEN – HOW & WHO WILL APPOINT SPECIAL POLICE OFFICERS:

Whenever it shall appear on an application of any Police Officer not below the rank of Sub-Inspector, that any unlawful assembly or riot or disturbance of the peace has taken place or may be reasonably apprehended in any place and that the Police Force ordinarily employed in the place is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place, the Commissioner, the Superintendent or any First Class Magistrate, or any other Magistrate specially empowered in this behalf by Government, may by a written order signed by him self and sealed with his own seal appoint eighteen and fifty and resident in any neighborhood to be a Special Police Officer to assist the Police Force, during such time and within such limits as the Commissioner, the Superintendent or Magistrate shall deem necessary.The employment or deputation of such additional Police Officer may be made at the request of any person requiring such Police and the cost of such employment shall be recovered in such manner as is provided by or under this Act or under any other lawfor the time being in force.

FEW USEFUL TIPS TO GENERAL PUBLIC

POWER OF COMMISSIONER OR THE SUPERINTENDENT AND OF OTHER OFFICER TO GIVE DIRECTION TO THE PUBLIC:

In areas under their respective charges, the Commissioner and subject to his orders, every Police Officer not inferior in rank to a Sub-Inspector, and the Superintendent and subject to his orders any Police Officer not lower than such rank as may be specified by the Government in that behalf may from time to time as occasion may arise give such orders either orally or in writing as may be necessary to:

- Direct the conduct of, and behavior or action of persons constituting processions or assemblies in or along the streets;

- Prescribing the routes by which and the times at which any such proceed may opr may not pass;

- Prevent obstructions on the occasion of all processions and assemblies and in the neighborhood of all places of worship during the time of worship and in all cases when any street or public place or place of public resort maybe thronged or liable to be obstructed;

- Keep order on and in all streets, quay, wharves and at and within public bathing washing and landing places, fairs, temples and all other places of public resort;

- Regulate and control the playing of music or singing, or the beating of drums,tom-toms, and other instruments and the blowing or sounding of horns of other noisy instruments in or near any street or public place;

- Regulate and control the use of loudspeaker in or near any public place or in any place or public entertainment;

The Commissioner and the District Magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind orders not inconsistent with this Act :

1. Power to make orders for regulation of Traffic and for preservation of order in public places, etc. -
2. Authorization of erection of barriers on streets.
3. Power to make rules prohibiting disposal of the dead except at places set apart.
4. Power to prohibit certain acts such as carrying arms, swords etc,exhibition of persons corpses or figures or effigies, public utterance of cries, singing playing of music, carrying any corrosive substance for prevention of disorder – The authority empowered under this section[(Sec.35(1)] may also by order in writing prohibit any assembly or procession whenever and, for so long as it considers such prohibition to be necessary,for the preservation of the public order.Provided such prohibition shall remain in force for more than fifteen days without the sanction of the Government.
5. Power to prohibit etc.,continuance of music, sound or noise. - If the Commissioner, the Superintendent, Assistant Superintendent or Deputy Superintendent or any other Magistrate of the First Class having jurisdictionin any area – is satisfied from the report of an officer in charge of a Police Station, or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance or injury or risk to the public or to any persons who dwell or occupy property in the vicinity,may by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating the incidence or continuance in or upon any premises – continuance of music, sound or noise.The authority – may either on its own motion or on the application of any person aggrieved by an order made under sub-section either recind, modify or alter any such order. Provided that before any such application is disposed of, the said authority shall afford the applicant an opportunity of appearing before it either in person or by legal practitioner and showing cause against the order and shall, it it rejects any such application either wholly or in part record its reasons for such rejection.
6. Licensing use of loudspeakers etc. : On the Application – the Superintendent or in such local area by such other Officer as the State Government may b notification in the Official Gazette specify in this behalf – be competent togrant a license for the use of Loudspeakers or other apparatus for amplifying any musical or other sound.
7. Issue of Orders for prevention of Riot etc.- In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner or in his absence and subject to his control the Deputy Commissioner of Police and the Superintendent within the areas under their respective charges, may temporarily close,or take possession of any building or place, and may exclude all or any persons therefrom or may allow access thereto to such persons only and on such terms as he shall deem expedient.In the event of any dispute in any case as to the amount (if any) to be paid and as to the person to whom it is to be paid such dispute shall be decided by the Judicial Officer exercising powers and performing the functions of a Magistrate of the First Class.
8. Issue of orders for maintenance of order at ceremonials etc.
9. Police to provide against disorder etc., at places of amusement and public meetings.
10. Discontinuance of use of premises by disorderly persons - On Complaint being made - that any house in a city, town or village is used as a common lodging house, place of resort for disorderly persons of any description, to the annoyance of the inhabitants of the vicinity, the said Commissioner or Magistrate may summon on owner or tenant of the house to answer the Complaint and on being satisfied that the house is so used may order the owner or tenant of the house so used, within a reasonable period, which shall be set forth in the order, todiscontinue such use of it.
11. Special measures to prevent outbreak of epidemic disease at fair etc. Whenever it shall appear to the Commissioner or District Magistrate that any place in the areas under their respective charges, at which, on account of pilgrimage, fair, or other such occurrence, large bodies of persons have assembled or are likely to assemble is visited or will probably be visited with an outbreak of any epidemic disease, he may take such special measures and may, by public notice, and after consultation with the Health Officer of the area concerned or other prescribed officer of the Department of Public Health, prescribe such regulations to be observed by the residents of the said place and by persons present thereat or repairing thereto or returning therefrom, as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.

EXECUTIVE POWERS AND DUTIES OF THE POLICE

65. Duties of a Police Officer.- It shall be the duty of every Police Officer:-

(a) promptly to serve every summons and obey and execute every warrant or other order lawfuIly issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superior;

Chapter VI (Ss. 65 to 77) : Powers of Police Officer – The powers of a police officer under the Act require him to take preventive steps either by directing the persons about to commit an offence to remove themselves from the premises or by taking necessary action himself to remove them as to prevent the commission of the offence complained of.

Scope – Even for ‘suspects’ history sheet has to be opened. To label a person as professional criminal. It must be borne out from the records that he has chosen crimes as his profession. The words ‘addicted to crime’ may include professional criminals. There is no statutory provision in the Police Act, directly dealing with surveillance. The person who is accused of an offence or who is facing a trial though suspected of the commission of an offence in common parlance is not a â€¢suspect’.

(b)to the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences;

(c) to lay such information and to take such other steps, consistent with law and with the orders of his superior, as shall be best calculated to bring offenders to justice;

(d) to prevent the commission of offences; 1 [(da) to prevent the breach of public peace;]

(f) to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason;

(g) to aid another Police Officer when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided;

(h) to discharge such duties as are imposed upon him by any law for the time being in force.

Section 65 (d): Order of injunction granted by civil Court – Section 65 (d) of the Act provides that it shall be the duty of every police officer to prevent the commission of offences. The scope ofthis Section cannot at all be replaced higher or be construed as wider than that of Sections 149 Cr. P.c. what is stated in connection with Section 149 Cr. P.C. equally applies to this section also. Police should act in aid of order of the injunction granted by Civil Court.

I[(i) to communicate without delay to the appropriate officer of a local authority any information which he receives, of the design to COmmmit or of the commission of any offence under the relevant law constituting such local authority or under any rule, bye-law regulation made under such law;

(j) to assist any officer or servant of local authority or any person to whom the powers of such officer or servant has been lawfully delegated, reasonably demanding his aid for the lawful exercise of any power vesting in such officer or servant of the local authority or such person, under the relevant law constituting such local authority or under any rule, bye-law or regulation made under such law.]

66. Power to enter places of public resort.- Every Police Officer may, subject to the rules and orders made by the Government or by a person lawfully authOrised enter for any of the purposes referred to in Section 65 withOut a warrant and inspect any place of public resort which he has reason to believe is used as a shop for the sale of liquor or intoxicating drugs or a place of resort of loose and disorderly characters.

67. Power to search suspected persons in a street.- When in a street or a place of public resort a person has possession or apparent possession of any article which a Police Officer in good faith suspects to be stolen property, such Police Officer may search or examine the same and may require an account thereof, and, should the account given by the possessor be manifestly false or suspicious, may seize such article and report the facts to a [Judicial Magistrate] who shall thereon proceed according to Sections 523 and 525 of the Code of Criminal Procedure, 1898, or any other law in force.

68. Duties of Poliec Officers towards the Public.- It shall be the duty of every Police

Officer-

(a) to afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear dangerous or incapable of taking care of themselves;

(b) to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick and whilst guarding or conducting any such person, to have due regard to his condition;

(d) in conducting searches, to refrain from needless rudeness and the causing unnecessary annoyance;

(e) in dealing with women and children to act with strict regard to decency and with reasonable gentleness;

(f) to use his best endeavors to prevent any loss or damage by fIre; (g) to use his best endeavor to avert any accident or danger to the public.

69. Police to regulate traffic, etc., in streets:- It shall be the duty of a Police Officer-

(a) to regulate and control the traffic in the streets, to prevent obstructions therein and, to the best of his ability, to prevent the infraction of any rule or order made under this Act, or any other law in force for observance by the public in or near the streets;

(b) to keep order in the streets and at and within public bathing, washing and landing places, fairs, bazaars, temples and all other places of public resort and in the neighborhood of places of public worship during the time of public worship;

(c) to regulate resort to public bathing, washing and landing places, to prevent overcrowding thereat and in public ferry, boats and, to the best of his ability, to prevent the infraction of any rule or order lawfully made for observance by the public at any such place or on any such boat.

70. Persons bound to conform to reasonable directions of Police – All persons shall be bound to conform to the reasonable directions of a Police Officer given in fulfilment of any of his duties under this Act.

71.Powers of Police Officer to restrain, remove, etc.- A Police Officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in Section 70 and may either take such person before a [Judicial Magistrate] or in trivial cases, may release him when the occasion is past.

72. Enforcement of orders issued under Sections 35, 36 or 38.- Whenever notification has been duly issued under Section 35 or an order has been made under Sections 36 or 38 it shall be lawful for any [Executive Magistrate J in a district Police Officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing and in case of refusal or disobedience, to arrest the person offending. Such [Executive Magistrate] or Police Officer may also seize at object or thing used or about to be used in contravention of such notification , order as aforesaid and the thing seized shall be disposed of according to the order of any District Magistrate having jurisdiction at the place.

73. Duty of Police to see orders issued under Sections 42, 54, 55,56 or 6381 carried out.- it shall be the duty of the Police to see that every regulation and direction made by an authority under Sections 42, 54, 55, 56 or 63 is duly obeyed, to warn persons who from ignorance fail to obey the same and to arrest any person who wilfully disobeys the same.

74. When Police Officer may arrest without warrant.- A Police Ofticer may arrest without warrant any person committing in his presence in any street or public place any non-cognizable offense punishable under this Act or under any rule made thereunder and for which no express provisions has been made elsewhere, or under any other law for the time being in force, if such person :

(i) after being warned by a Police Officer persists in committing such offence, or

(ii) refuses to accompany the Police Officer to a police station on being required so to do.

75. Police to take charge of unclaimed property.- 3[( 1) The Police shall take temporary charge-

(a) of all unclaimed property found by or made over to them; and

(b) of all property found lying in any public street, if the owner or person in charge of such property in being directed to remove the same, refuses or omits to do so.

4[(2) The taking of temporary charge of any property under sub-section (1) shall be forthwith reported to a Judicial Magistrate and the procedure laid down in Sections 457, 458 and 459 of the Code of Criminal Procedure 1973, shall be applicable in respect of the disposal of such property as if it were property seized by a Police Officer under the said Code.

76. Police Officer may take charge of stray cattle.- A Police Officer may take charge of any animal which may be found straying in a street and may take or send the same to the nearest cattle pound and the owner and other person concerned shall thereon become subject to the provisions of the Cattle Trespass Act in force.

77. A superior Police Officer may himself perform duties imposed on his inferior, etc.-

A Police Officer of rank superior to that of a constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him; and in case of any duty imposed on such subordinate, a superior where it shall appear to him necessary may aid supplement, supersede or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding an infringement thereof.

******

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Links :

India Together: Rescuing the police force – December 2003

Mumbai Police Force

Comments on the Model Police Act 2006

Cheque got bounced, dishonoured act immediately

Rekha Prasad — Fri, 06 Nov 2009 11:41:54 +0000

Dear Readers,

CHEQUE GOT BOUNCED/DISHONOURED?

ACT IMMEDIATELY!

ITS A CRIMINAL OFFENCE COMMITTED BY THE DRAWER OF THE CHEQUE!

Once you get confirmed that you will not realise/receive the money from the Drawer you can proceed with legal proceedings initiating a criminal proceedings against the Drawer.

Pre-requisites to file a Complaint:

1. There should be a Cheque issued in discharge of an enforceable debt or liability.

2. The Cheque should have been presented to the Bank within six months from the date on which it is drawn.

3. The Cheque should have been returned unpaid (DISHONOURED) for insufficiency of funds or due to the Cheque Amount exceeding the amount arranged to be paid to the Account with the Bank or as per the stop payment instructions issued by the drawer to the Bank.

4. A Demand should have been made for the payment of the amount of the Cheque by a written notice to the drawer within thirty days from the receipt of information by the payee or holder in due course from the Bank regarding the unpaid Cheque.

5. The drawer of the cheque should have failed to make the payment of the money to the payee or the holder in due course within fifteen days of the receipt of the notice demanding payment.

Section 138 of Negotiable INstruments Act says :

Where any Cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeding the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an Offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may be extended to

Two years or with fine which may extend to Twice the amount of the cheque or with both.

The Provisions were incorporated by Legislature with a view to encourage the culture of use of Cheque’s and enhancing the credibility of the Instrument.

TIME FRAME PRESCRIBED TO FILE A COMPLAINT U/S 138 N.I.ACT:

1. The period for sending notice demanding payment is to be reckoned from the date of receipt of Intimation of Dishonour on the last presentation of the Cheque to the Bank i.e.- within 30 days from the date of receipt of Intimation of dishonour from the bank.

2. The payee or the holder in due course who issued a notice, on the failure of the drawer to make payment has to wait for fifteen days from the date of receipt of notice by the drawer. If Cheque amount is not paid within this period – On the 16th day, the right to file Complaint arises for the Complainant, but within one month from the said 16th day complaint has to be filed.

OTHER USEFUL TIPS to A HOLDER OF DISHONOURED CHEQUE:

1. It shall be presumed that holder of Cheque received it for discharge ofdebt/liability unless the contrary is proved. – Section 139 of N.I.Act

2. It shall not be defence in the Offence that drawer had no reason to believe when he issued the Cheque that it may be dishonoured – Section 140 – N.I. Act.

3. If person committing Offence u/s 138 is Company, every person who at the time when the Offence was committed was in charge of/responsible for conduct of business as well as the Company shall be deemed to be guilty of Offence and shall be punished accordingly.

- Section 141 – N.I. Act

The Complaint cannot be quashed on the ground that the accused persons at the time of offence were not in charge of or responsible to the Company for its conduct.

4. When a notice is returned by the sender as unclaimed such date would be the commencing date in reckoning the period of 15 days.

5. An Offence in terms of Section 138 of the Act is committed even if the cheque is returned on the ground of closure of Account.

6. There is no restriction regarding the number of times a Cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing Complaint.

7. No Court shall take cognizance (take into account/register) u/s 138 except on written Complaint made by Payee or holder in due course, such Complaint is to be made within prescribed time to a Metropolitan Magistrate or judicial Magistrate of First Class – Section 142 – N.I.Act

For any further details feel free to contact us.

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Are you cheated ? – Know this

Rekha Prasad — Fri, 06 Nov 2009 11:40:56 +0000

Dear Citizens,

In Indian Penal Code Number of Punishable Offenses are listed as well as the punishments. But here I would like to bring to a Common man’s kind attention crimes which take place around us And many a time the law abiding citizens he/she being unaware of the legal remedy or fearing legal struggle – the criminal is left Scott free.

To-day I would like to discuss with you about “CHEATING” – Legal implication/Legal Requirement etc. etc.

To bring transparency or to have an orderly and safe Society – Citizens should be AWARE – AROUSE and ACT!

According to Section 415 IPC CHEATING means – Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “Cheat”.

A dishonest concealment of facts is a deception within the meaning of this section.

If you are Cheated kindly check the following aspects carefully :

To hold a person guilty of cheating as defined under section 415 IPC, it is necessary to show that he/she hadfraudulent or dishonest intention at the time of making the promise with an intention to retain the property. In other words, section 415 of the IPC which defines cheating requires:

- Deception of any person/Inducing that person to :

- Deliver any property to any person or

- To consent that any person shall retain any property or

- Intentionally inducing that person to do or omit to do anything which he would not do or omit if he/she were not so deceived and which act or omission causes or is likely to cause damage or harm to that person, anybody’s mind, reputation or property.

Crime is an Offence against State – (against Society.)

Citizens can initiate Criminal Proceedings against the Offender by giving Complaint to the jurisdictional Police/Magistrate. Its a legal obligation on the part of a Citizen to give genuine Complaint.

In India its a big taboo if a citizen initiates criminal/civil proceedings!

In many a cases for the shame of having deceived people will not come out with the decision of approaching Court of Law. Mind it so far a law abiding citizen feels its a shame to approach Courts for remedy the Offender will not get ashamed of his Acts. initiating Legal proceedings is a Legal Obligation to get Legal Remedy.

To have an Orderly and Safe Society the Offenders are punished byImprisonment or Fine or both or with Death penalty /Life Imprisonment in several Offences. (For Juvenile Offenders - Counseling done during imprisonment.)

For monetary loss / loss of property suffered by the citizens, they can also approach ( in addition to Criminal Court) various Forums like Consumer Grievance Redressal Forums, Civil Courts etc. Along with the Criminal Case they can also file a Civil case for the loss suffered.

Examples of Cheating :

- A, by pledging as diamond articles which he knows are not diamond, intentionally deceives , and thereby dishonestly induces z to lend money. A Cheats.

- A, by exhibiting to z a false sample of an article, intentionally deceives z into believing that the article corresponds with the sample, and thereby dishonestly induces z to buy and pay for the articles. A Cheats.

- A, by putting counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonesty induces Z to buy and pay for the article. A Cheats.

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