ANNEXURE
EXTRACTS FROM THE INDIAN PENAL CODE
ANNEXURE
(45 OF I860)
167. Whoever, being a public servant,
and being, as such public servant, charged with the preparation or translation
of any document, frames or translates that document in a manner which he knows
or believes to be incorrect, intending thereby to cause 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 exend to three years or
with fine or with both.
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF
PUBLIC SERVANTS
172. Whoever absconds in order to avoid being served with a summons,
notice or order proceeding from any public servant legally competent, as such
public servant, to issue such summons, notice or order, shall be punished with
simple imprisonment for a term which may extend to one month, or with fine which
may extend to five hundred rupees, or with both;
or, if the summons or notice or order is to attend in person or by
agent, or to produce a document in a Court of Justice, with simple imprisonment
for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
Preventing service of summons or other proceeding, or preventing
publication thereof.
173. Whoever in any manner intentionally prevents the serving on
himself, or on any other person, of any summons, notice or order proceeding from
any public servant legally competent, as such public servant, to issue such
summons, notice or order,
or intentionally prevents the lawful affixing to any place of any
such summons,notice or order,
or intentionally removes any such summons, notice or order from any
place to which it is lawfully affixed,
or intentionally prevents the lawful making of any proclamation,
under the authority of any public servant legally competent, as such public
servant, to direct such proclamation to be made,
shall be punished with simple imprisonment for a term which may
extend to one month, or with fine which may extend to five hundred rupees, or
with both;
or, if summons, notice, order or proclamation is to attend in person
or by agent, or to produce a document in a Court of Justice, with simple
imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
Omission to produce document to public servant by person legally
bound to produce il.
175. Whoever, being legally bound to produce or deliver up any
document to any public servant, as such, intentionally omits so to produce or
deliver up the same, shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to five hundred rupees,
or with both;
or. if the document is to be produced or
delivered up to a Court of Justice, with simple imprisonment for a term which
may extend to six months, or with fine which may extend to one thousand rupees,
or with both.
Illustration
A, being legally bound to produce a document before a District
Court, intentionally omits to produce the same. A has committed the offence
defined in this section.
Fabricating false evidence
192. Whoever causes any circumstance to
exist or makes any false entry in any book or record, or makes any document
containing a false statement, intending that such circumstance, false entry or
false statement may appear in evidence in a judicial proceeding, or in a
proceeding taken by law before a public servant as such, or before an
arbitrator, and that such circumstance, false entry or false statement, so
appearing in evidence, may cause any person who in such proceeding is to form an
opinion upon the evidence, to entertain an erroneous opinion touching any point
material to the result of such proceeding is said "to fabricate false
evidence".
Illustrations
(a) A puts jewels into a box belonging to Z, with the intention that
they may be found in that box, and that this circumstance may cause Z to be
convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using
it ascorroborative evidence in a Court of Justice. A has fabricated false
evidence.
(c) A, with the intention of causing Z to be convicted of a criminal
conspiracy, writes a letter in imitation of Z's handwriting, purporting to be
addressed to an accomplice in such criminal conspiracy, and puts the letter in a
place which he knows that the officers of the police are likely to search. A has
fabricated false evidence.
Destruction of document to prevent its production as evidence
204. Whoever secrets or destroys any
document which he may be lawfully compelled to produce as evidence in a Court of
Justice, or in any proceeding lawfully held before a public servant, as such, or
obliterates or renders illegible the whole or any part of such document with the
intention of preventing the same from being produced or used as evidence before
such Court or public servant as aforesaid, or after he shall have been lawfully
summoned or required to produce the same for that purpose, shall be punished
with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO
PROPERTY MARKS
Forgery463. Whoever makes any false document or part of a document
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.
Making a false document
464. A person is said to make a false document—
First.—Who dishonestly or fraudulently makes,
signs, seals or executes a document or part of a document, or makes any mark
denoting 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 or by the authority of a person by whom or by whose authority he
knows that it was not made, signed, sealed or executed, or at a time at which he
knows that it was not made, signed, sealed or executed; or
Secondly.—Who, without lawful authority,
dishonestly or fraudulently, by cancellation or otherwise, alters a document in
any material part thereof, after it has been made or executed either by himself
or by any other person, whether such person be living or dead at the time of
such alteration; or
Thirdly.—Who dishonestly or
fraudulently causes any person to sign, seal, execute or alter a document,
knowing that such person by reason of unsoundness of mind or intoxication
cannot, or that by reason of deception practised upon him, he does not know the
contents of the document or the nature of the alteration.
Illustrations
(a) A has a letter of credit upon  for rupees 10,000, written by
Z. A, in order to defraud B, adds a cipher to the 10,000, and makes the sum
1,00,000 intending that it may be believed by  that Z so wrote the letter. A
has committed forgery.
(b) A, without Z's authority, affixes Z's seal to a document
purporting to be a conveyance of an estate from Z to A, with the intention of
selling the estate to  and thereby of obtaining from  the purchase-money. A
has committed forgery.
(c) A picks up a cheque on a banker signed by B, payable to bearer,
but without any sun having been inserted in the cheque. A fraudulently fills up
the cheque by inserting the sum of ten thousand rupees. A commits forgery.
(d) A leaves with B, his agent, a cheque on a banker, signed by A,
without inserting the sum payable and authorizes B to fill up the cheque by
inserting a sum not exceeding ten thousand rupees for the purpose of making
certain payments. B fraudulently fills up the cheque by inserting the sum of
twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without
B's authority, intending to discount it as a genuine bill with a banker and
intending to take up the bill on its maturity. Here, as A draws the bill with
intent to deceive the banker by leading him to suppose that he had the security
of B, and thereby to discount the bill, A is guilty of forgery.
(f) Z's will contains these words-"! direct that all my
remaining property be equally divided between A, B and C." A dishonestly
scratches out B's name, intending that it may be believed that the whole was
left to himself and C. A has committed forgery.
(g) A endorses a Government promissory note
and makes it payable to Z or his order by writing on the bill the words
"Pay to Z or his order" and signing the endorsement. B dishonestly
erases the words "Pay to Z or his order", and thereby converts the
special endorsement into a blank endorsement B commits forgery.
(h) A sells and conveys an estate to Z. A
afterwards, in order to defraud Z of his estate, executes a conveyance of the
same estate to B, dated six months earlier than the date of the conveyance to Z,
intending it to be believed that be had-conveyed the estate to B before he
conveyed it to Z. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down a
different legatee from the legatee named by Z, and by representing to Z that he
has prepared the will according to his instructions, induces Z to sign the will.
A has committed forgery.
(j) A writes a letter and signs it with B's name without B's
authority, certifying that A is a man of good character and in distressed
circumstances from unforeseen misfortune, intending by means of such letter
obtain alms from Z and other persons. Here, as A made a false document in order
to induce Z to part with property, A has committed forgery.
(k) A without B's
authority writes a letter and signs it in B's name certifying to A's character,
intending thereby to obtain employment under Z. A has committed forgery in as
much as he intended to deceive Z by theforged certificate, and thereby to induce
Z to enter into an express or implied contract for service.
Explanation
1.—A man's signature of his own name may amount to forgery. Illustrations
Illustrations
(a) 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.
(b) A writes the word "accepted" on a
piece of paper and signs it with Z's name, in order that B may afterwards write
on the paper a bill of exchange drawn by B upon Z, and negotiate me bill as
though it had been accepted by Z. A is guilty of forgery; and if B, knowing the
fact, draws the bill upon the paper pursuant to A's intention, B is also guilty
of forgery.
(c) A picks up a bill of exchange payable to the order of a
different person of the same name. À endorses the bill in his own name,
intending to cause it to be believed that it was endorsed by toe person to whose
order it was payable: here A has committed forgery.
(d) 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 me 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 by
antedating it
(e) A, a trader, in anticipation of insolvency, lodges effects with
 for A's benefit, and with intent to defraud his creditors; and in order to
give a colour to the transaction, writes a promissory note binding himself to
pay to  a sum for value received, and antedates the note, intending that it
may be believed to have been made before A was on the point of insolvency. A has
committed forgery under the first head of the definition.
Explanation
2.—The making of a false document in the name of a fictitious 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.
Illustration
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.
Forgery of record of Court or of public register, etc.
466. Whoever forges a document, purporting to be a record or
proceeding of or in a Court of Justice, or a register of birth, baptism,
marriage or burial, or a register kept by a public servant as such, or a
certificate or document purporting to be made by a public servant in his
official capacity, or an authority to institute or defend a suit, or to take any
proceedings therein, or to confess judgment, or a power of attorney, shall be
punished with imprisonment to either description for a term which may extend to
seven years, and shall also be liable to fine.
Forgery for purpose of cheating.
468. Whoever commits forgery, intending that the document 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.
Forgery for purpose of harming reputation.
469. Whoever commits forgery, intending that the document 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.
Forged document.
470. A false document made wholly or in part by forgery is
designated "a forged document".
Using as genuine a forged document
471. Whoever fradulently or dishonestly uses as genuine any document
which he knows or has reason to believe to be a forged document, shall be
punished in the same manner as if he had forged such document
Falsification of accounts.
477A. Whoever, being a clerk, officer or servant, or employed or
acting in the capacity of a clerk, officer or servant, wilfully, and with intent
to defraud, destroys, alters, mutilates or falsifies any book, paper, writing,
valuable security or account which belongs to or is in the possession of his
employer, or has been received by him for or on behalf of his employer, or
wilfully, and with intent to defraud, makes or abets the making of any false
entry in, or omits or alters or abets the omission or alteration of any material
particular from or in, any such book, paper, writing, valuable security or
account, shall be punished with imprisonment of either description for a term
which may extend to seven years or with fine, or with both.
Explanation.—It shall be
sufficient in any charge under this section to allege a general intent to
defraud without naming any particular person intended to be defrauded or
specifying any particular sum of money intended to be the subject of the fraud,
or any particular day on which the offence was committed.
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