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. 111

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