Why is forgery illegal

According to Section of IPC using a forged document as genuine is a cognizable offence. It states that whoever fraudulently or dishonestly accepts as the genuine document which he knows or has ground to believe to be a forged document, shall be punished in the corresponding manner as if he had forged such document. Supreme Court, in this case, ruled that the command of forgery cannot be imposed on a person who is not a maker of the same. The court also held that until and unless the components of Section.

The Supreme Court also held that to get a condemnation under section of IPC false document must have been made with an intention. The Supreme Court held that a person is said to obtain a false document or record if he satisfies one of the three conditions as mentioned herein before and provided for under the said section:.

Whoever makes any false document or part of a document, with the desire to cause the injurious deception is usually intended only as a means to an end. There is no specific allegation regarding the manner in which all the accused were involved in Forgery, then the criminal proceeding against the accused needs to be quashed.

The State Of U. P vs Ranjit Singh In this view of the matter if by virtue of preparing a forged document indicating it to be a document of a court of justice and by virtue of such document a person who is not authorised to be released on bail could be released then, unquestionably damage or injury has been caused to the public at large and, therefore, subsequent damages are to be paid.

Making a seal, plate etc. Punishment with Imprisonment for 7 years and fine are liable. Punishment: there shall be Imprisonment for 7 years and fine.

It comes under section of IPC and is a non-bailable, compoundable offence with imprisonment for life or 7 years or subsequent penalty to be imposed. Section A , which deals with falsification of account can be analysed as follows:. Any person being a clerk, officer or servant willfully and with intent to defraud-. It shall be sufficient in any charge under this section to claim a general intent to defraud without naming any specific person intended to be defrauded any specific sum of money intended to be the subject of the fraud or any selective day on which the offence was committed.

The person charged must be a clerk, an officer or a servant. In the case of Tan Ker Loo v. Pendakwaraya , the court ruled the knowledge over and falsifying the documents is essential to determine liabilities.

The court emphasized the element of knowledge as an important aspect for determining the conviction for falsifying the specific documents for the purpose of defrauding others and obtaining specific financial advantages.

It should be noted that under Section intention is essential, five situations are provided in the section. The intention is the essence of the offence of forgery. To constitute it, some damage or injury must be intended to be caused by the false document to an individual or to the public.

Under section , it is stated that the act should be done dishonestly or fraudulently. Also, the definition given in Section is in itself subjected to section that is defining the essential ingredient of section So, it can be said that whichever of the elements provided in section is applicable, it should have been done fraudulently or dishonestly to support the allegation of forgery.

A charge of forgery often boils down to intention, the burden of proof is on the prosecution to prove the intention of accused beyond a reasonable doubt. The prosecution also needs to prove various elements that are discussed above in brief.

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. Save my name, email, and website in this browser for the next time I comment.

Check your mailbox for the joining link. From Bhawna Agarwal: [email protected]. Sign in. Password recovery. Forgot your password? Get help. Table of Contents. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:. Challenges faced while working at law firms and how to overcome them. Contempt of the Parliament House in India and examples of contempt in recent times. Influence of social media and technology in the Indian elections.

Please enter your comment! Counterfeits - defence Section 17 3 it is a defence within the Act if the written permission of the Treasury or other lawful authority has been obtained or there is a lawful excuse. Sentence Offences under sections 1 - 4 and section 5 1 and 5 3 Forgery and Counterfeiting Act are either way maximum 10 years' imprisonment or fine or both.

Section 5 2 Forgery Act either way maximum two years' imprisonment or fine or both. Passports - section 36 Criminal Justice Act Court documents and authority - sections and County Courts Act Dies and stamps - section 13 Stamp Duties Management Act Land Registration - sections to Land Registration Act Hallmarks - section 6 Hallmarking Act Supply of equipment to forge currency, identity document, entry documents etc.

Forgery and false statements under s Mental Health Act Section 26 defines an identity document and includes; A designated document An immigration document A passport A document in use instead of a passport A driving license Sections 25 1 and 3 indictable only 10 years' maximum imprisonment or fine or both Section 25 5 either way, maximum two years' imprisonment or fine or both. Possession with intent, Act.

Section 6 1 either way, maximum two years' imprisonment or fine or both. Statutory Defence - Section 31 of the Immigration and Asylum Act Possible Defence for Asylum Claimants Section 31 Immigration and Asylum Act creates a statutory defence to offences of travelling on false documents for a refugee claiming asylum. The offences to which this defence applies in this section are any offence, or any attempt to commit an offence, under: Part 1 of the Forgery and Counterfeiting Act forgery and connected offences.

Sections 25 1 and 5 of the Identity Cards Act note now repealed however applied prior to the repeal of the Act. Sections 4 1 and 6 1 Identity Documents Act replacing the above offences under the Identity Card Act The defence applies where:- A refugees coming to the UK directly from a country where his life or freedom was threatened or if coming through a transit country can show he could not reasonably be expected to have been given protection under the Convention.

Presented himself to the UK authorities without delay Showed good cause for his illegal entry or presence Made a claim for asylum as soon as reasonably practicable after arrival in the UK. The same principle should apply to offences under the Identity Documents Act When such a defence is likely to be raised, the police should be requested to obtain evidence from the UK Border Agency and the Home Office to establish the situation on refugee status and asylum claim.

The Code for Crown Prosecutors The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Continue reading.

Prosecution guidance This guidance assists our prosecutors when they are making decisions about cases. Former police sergeant and seven others charged with bribery offences 10 November Bitcoin miner jailed for abstracting electricity 14 October Failed asylum seeker jailed for using fake documents to work as a carer 12 October Man sentenced for claiming disability benefits while working as an Elvis impersonator 02 September Pizza takeaway boss jailed for sending in false tax returns 27 August But altering an existing writing can also be forgery if the alteration is "material" or affects a legal right.

For example, forging another person's signature on a document is a material alteration because it misrepresents the identity of the person who signed the document, which has serious legal consequences.

Deleting, adding, or changing significant portions of documents may also be "material" alterations if these changes affect the legal rights or obligations represented in the documents. Additionally, as discussed above, using or possessing false writings also constitutes forgery, although in some jurisdictions this is known as "uttering a forged instrument. Not all writings meet the definition of forgery.

To serve as the basis for forgery charges, the writing in question must have a legal significance and be false, as discussed below. Apparent legal significance. In order to be punishable as forgery, the writing in question must have apparent legal significance. This includes government-issued documents, such as drivers' licenses and passports; transactional documents, such as deeds, conveyances, and receipts; financial instruments, such as currencies, checks, or stock certificates; and other documents, such as wills, patents, medical prescriptions, and works of art.

To have legal significance, a document need not necessarily be a legal or government-issued document—it must simply affect legal rights and obligations. For this reason, documents such as letters of recommendation or notes from physicians may also be the subjects of forgery. In contrast, signing another person's name to a letter to a friend would probably not constitute forgery because, in most cases, it would not have legal significance.

Be a false writing. To be considered false, the writing itself must be fabricated or materially altered so that it purports to be or represent something that it is actually not. Generally, simply inserting false statements into a writing is not enough to meet this requirement, if those misrepresentations do not change the fundamental meaning of the writing itself.

For example, if you insert a false statement into a letter you wrote, you have not committed forgery. However, it is forgery if you write a letter of legal significance but present it as a letter written by someone else. Possible punishments include prison time, fines, probation, and restitution, where the defendant compensates the victim for money or property that was lost because of the forgery.

Some states punish forgery crimes based on the type of forgery that was committed. Most defenses to forgery address the required element of the intent to defraud or deceive. Proving that the defendant did not have specific intent is a complete defense because it means the defendant did not have the required mental state to commit the crime. Forgery cases can be complicated and the potential penalties for being found guilty are serious.

If you have been charged with forgery you should consult with a criminal defense lawyer. An experienced attorney can review the facts of your case, help you understand the law, and counsel you on your possible defenses.

They can also represent you in court. Jose Rivera. Law Library Disclaimer. Can't find your category?