INTRODUCTION
To understand the offences relating to documents one should need to understand “document”. Section 3 of Indian Evidence Act, 1872 defines document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. The offence of forgery has also been in existence since the time of invention of writing. Forgery means making a false instrument with the intention of deceiving. The forgery act 1913 defines forgery as making false report so it can be used as genuine. Forgery and cheating are also crimes but which are different in nature. Forgery is in the form of writing and cheating is in the form of verbal. Forgery is defined under Section 463 of Indian Penal Code, who ever makes any fake document or incorrect electronic record or part of a document with an intention 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 share with property, or to enter into any express or implied contract, or with purpose to commit fraud or that fraud may be accomplished, commits forgery. According to section 464 of Indian penal code a person is declared to make a false document when. Firstly- who dishonestly or fraudulently makes sign, seal or performs a document or part of a document makes any mark indicating the execution of a document, with the intention of causing it to be believed that such document or part of a document was made signed sealed or executed by the authority of a person by whom authority was not made, signed at a time at which he knows that it was not made sealed or executed. Secondly- who without legal authority dishonestly or fraudulently by withdrawing or contrarily reconstructs a document in any material part thereof after it has been made himself or by any person whether such person be alive or dead at the time of such alteration.
Thirdly- whoever dishonestly or fraudulently causes any person to seal, sign, execute or reconstruct a document knowing that such person by reason of unsoundness of mind or intoxication cannot by reason of deceit practised upon him, he does not know the content of the document or the nature of the alteration. According to section 465 of Indian penal code. Whoever commits forgery shall be punished with imprisonment of jail term either description for which may extend to two years or with the penalty, or with both. Under IPC it is a non-cognizable offence. If the forgery is of a promissory note of the Central Government then it is Cognizable. According to section 466 of Indian penal code deals with the forgery or record of court or of public register includes the classification of court records and pleadings, a registry of birth, death, baptism, marriage or registration kept by a public servant as such, a certificate or document intended to be made by a public servant in his or her official capacity, an authority to dismiss or prosecute a claim, or to take any action therein or to grant judgment or power of attorney. Punishment with imprisonment with either description for a term which may extend to seven years, and shall be liable to fine. According to section 467 who ever purport to be valuable security, a will, an authority to adopt a son, allow any person to, render or pass any valuable security or receive a principal, interest or dividends there on to receive or to deliver any money, moveable property or valuable security or any document purporting to be an acquaintance or receipt acknowledging the payment of money or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life or ten years and shall be liable to fine. According to section 468 of Indian penal code whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. According to section 469 of Indian penal code Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. According to Section 471 of the Indian Penal Code, whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record.
OFFENCES RELATING TO PROPERTY REMARKS
According to section 479 of the Indian penal code property mark is used for denoting that movable property belongs to a particular person is called a property mark. According to section 481 of the Indian penal code whoever marks any moveable property, goods or any case, package or any other receptacle containing movable property or goods, or uses any case having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. According to section 482 of Indian penal code whoever uses any false property mark shall unless he proves that he acted without intent to defraud be punished with imprisonment for a term or extend to one year or with fine or with both. According to section 483 of Indian penal code whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. According to section 484 of Indian penal code whoever counterfeits any property mark used by a public servant to denote any property that has been manufactured by a particular person or at a particular time or place or the property is of a particular quality or has passed through a particular office. The punishment held liable for imprisonment of either description for a term which may extend to three years and also liable for fine. According to section 485 of Indian penal code Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. According to section 487 of Indian penal code Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. According to section 488 of Indian penal code whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section. According to section 489 of Indian penal code whoever destroys, removes, defaces or adds to any property mark intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. According to sections 489A to 489E deals with offences relating to counterfeit of bank notes and punishments regarding to the offence. The offences relating to documents and property marks are doing by miscreants/criminals in day to day life to make wrongful gain and these offences are occurred and encountered in daily life of a person.
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