Explanation 2The making of a false document in the name of a fictitious person
intending 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, amounts 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.
Note –
As to sanction necessary before taking cognizance of the offence described in this
section when committed by a party to any proceedings in any Court or in respect
of a document used or given in evidence in such proceedings, see section 130 of
the Criminal Procedure Act, 2003.
Section 406 – “Forgery”: Whoever commits forgery shall on conviction, be punished
with imprisonment for a term not exceeding five years or with fine or with
both.
Section 407 - “Forgery of Document to Title, Record of Court etc”: Whoever forges
a document purporting to be a document of title or to be a record or
proceedings of or in a Court 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, shall on conviction, be punished with imprisonment
for a term not exceeding seven years and may also be liable to fine.
Section 408 - “Forgery for Purpose of Cheating”: Whoever commits forgery
intending that the document forged shall be used for the purpose of
cheating shall on conviction, be punished with imprisonment for a term
not exceeding seven years and may also be liable to fine.
Section 409 - “Forgery for Purpose of Harming Reputation”: Whoever commits
forgery intending that the document forged shall harm the reputation of
any person or knowing that it is likely to be used for that purpose, shall on
conviction, be punished with imprisonment for a term not exceeding three
years and may also be liable to fine.
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