LegalCrystal – Blog

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. 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/

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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