Section 471 of the Indian Penal Code (IPC) deals with the offense of using a forged document as genuine. This section is often used in cases where an individual intentionally uses a fake or fraudulent document to deceive someone or to gain an unlawful advantage.
Under section 471, it is a criminal offense to use a forged document as if it were genuine, either knowing it to be forged or without knowing whether it is genuine or not. For example, if someone presents a fake birth certificate to obtain a passport, they could be charged under section 471 for using the forged document as genuine.
The punishment for this offense is imprisonment for up to three years, or a fine, or both. In addition, the court may also order the confiscation of the forged document.
It is important to note that in order to be convicted under section 471, the prosecution must prove that the accused had knowledge that the document was forged and intended to use it as genuine. If the accused had no knowledge that the document was forged and acted in good faith, they may not be found guilty under this section.
Overall, section 471 of the IPC serves to protect individuals and institutions from being deceived or defrauded through the use of forged documents. It is a serious offense that can result in significant legal consequences for those found guilty.
Indian Penal Code (IPC) Section 471. Using as genuine a forged document or electronic record.
It was thus, pleaded that it was a fit case where the High Court should have exercised its jurisdiction under Section 482 of the Cr. Examining the submissions of parties and documents on record, the Court found merit in the arguments put forth by the Petitioner. A maker of imputation without publication is not liable to be punished under that section; Bilal Ahmed Kaloo v. Aggrieved thereby, the appellant is before us in this appeal. The letters did not bear the signature of the minister.
Having been trained and mentored by some of best lawyers, he brings a unique perspective and varied experience to his practice. On being so summoned, the appellant filed the afore-stated petition under Section 482 of the Cr. Where the accused submitted bill regarding leave travel concession without actually undertaking any journey, and the offence was allegedly committed ten years ago and he was in jail already having undergone three months of rigorous imprisonment, his sentence was reduced to the period already undergone. Forgery of a copy If committing forgery of a copy of a document falls within the language of section 463 of the Code it is not at all important whether a document was first forged and then a copy made of the forged document or the copy itself was a forged document even though the original document was not a forged one. The jurisdiction of the Court under Article 142 of the Constitution of India is not in dispute. The court observed that justice would be done by doing so in view of the fact that no loss had been caused to anyone by the forged document.
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It was asserted that full amount in question having been paid to the Bank, there was no monetary loss to the Bank and, therefore, continuation of criminal proceedings against all the accused, including the appellant, would not only be an exercise in futility but an abuse of the process of law as well. Mathur had said in his statement that Masood had instructed him to contact Gurdial Singh to ascertain whether nomination letter in favour of Sachidanand and some other candidates had been issued by him and if already issued,the same be delivered in his office. Magistrate of the first class This website is meant only for providing free legal information to its visitors, without any warranty. Using as genuine a forged documentor electronic record. ADVERTISEMENTS: The offender can be convicted under this section only when he has fraudulent or dishonest intention and with such intention he uses any document or electronic record as genuine when he knows the same to be forged or when he has reason to believe that document or electronic record to be a forged document or electronic record under the Indian Penal Code. Though it is emphasised that exercise of inherent powers would depend on the facts and circumstances of each case, but, the common thread which runs through all the decisions on the subject is that the Court would be justified in invoking its inherent jurisdiction where the allegations made in the Complaint or Chargesheet, as the case may be, taken at their face value and accepted in their entirety do not constitute the offence alleged.
Where the principal accused forged receipts and collected donations with the help of the co-accused who did not know that the receipts were forged but had accompanied the principal accused, it was held that the co-accused could not be held guilty under this section. Masood,Minister of Health in the VP Singh government between 1990 and 1991,was held guilty of fraudulently nominating undeserving candidates to MBBS seats allotted to Tripura in medical colleges across the country from the central pool. As stated above, in the instant case more than sufficient circumstances exist suggesting the hatching of criminal conspiracy and forgery of several documents leading to commission of the aforementioned Sections. Offence alleging forgery was also included in the Chargesheet. Mathur had further said that the nomination letters were delivered by him as per instructions of Masood to the beneficiary candidates. It was proved that neither any wrongful gain nor wrongful loss to anyone was caused by delivery of the letters. This is defamation unless it fall within one of the exceptions.
The allegation under the Chargesheet was that the accused persons had conspired with each other in fraudulently diverting the funds of the Bank. Please consult legal experts with full details of your case before relying upon the advice given. Recently, this Court in A. It should be noted that section 474 which deals with an offense relating to the use of the forged document or electronic record to use it as genuine and the document is of the same description as under section 467 or 466 will be held liable under this section, has a few similarities with section 471. In further appeal to this Court, accepting the contention of the appellant that this Court could transcend the limitation imposed under Section 320 of the Cr. He,was,denied admission on the ground that the seat has already been filled.
Therefore, the Chargesheet against him cannot be quashed. FORGERY Section 463 to section 477A of the Indian Penal Code deal with the provisions for forgery. Referring to one case involving Masood,CBI said he conspired with Gurdial Singh for allotment of MBBS seat to three candidates as a nominee of Tripura. REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. If he has made or executed a document claiming to be someone else.
Accordingly, the petition filed by the appellant was dismissed with costs. See: Suresh Chandra Bahri Vs. It may be tried by a First Class Magistrate. Forging a passport and using it as genuine to gain entry into India is punishable under sections 467 and 471 of the Code. Explanation 2 It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company. Illustrations a A person who publishes a book, submits that book to the judgment of the public.
The Supreme Court held that the accused were liable to be convicted as they had not only knowledge but also had reason to believe that the document was forged before they used it. I am bound by the aforesaid judgment and in view of said judgment constraint to hold that the charge against the applicant under Section 467 of the IPC is not sustainable. The burden of proof to prove the offense falls on the prosecution. After a forgery was discovered the accused withdrew the forged bank guarantee form and paid the amount. The writing must have legal significance. Flexon Hose and Engineering Co.
