Law: Penal Code (XLV of 1860)

Section: 467, 466, 463, 464, 164

(a) Penal Code (XLV of 1860) S. 467-Forgery of document Allegation supported by documentary evidence-Firmness or infirmity of motive-Held, immaterial. (b) Penal Code (XLV of 1860) Ss. 463 & 464-Forgery "Making a false document"-Essential ingredient of offence of forgery and of a false document. A close analysis of the provision of section 463 would show that the two essential ingredients of the offence of forgery are, firstly the making of a false document and secondly doing so with a fraudulent intention to cause damage or injury to any person, to support a false claim or to cause a person to part with property The expression "making a false document" has been further elaborated in section 464, P. P. C. In order to 'be a false document it must satisfy one of the two alternative conditions i.e., it must have been made: (1), with the intention of causing it to be believed that such document or part of document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority the accused knows that it was not so made, signed, sealed or executed, (2), Alternatively, that if the authority of the executants is not disputed, the intention, to cause it to be believed that it was made at a time at which the accused knows that it was not made signed or executed. (c) Penal Code (XLV of 1860) S. 463-Forgery-Entry of false mutation-Contention that such entry would not constitute forgery merely because it would be incapable per se to cause wrongful gain to one party and loss to other-Held, without force Mere intention to cause such loss and gain, sufficient to constitute offence if existence of other ingredients proved. Chunku v. Emperor A I R 1931 All. 258 ref. (d) Penal Code (XLV of 1860) Ss. 466 & 467-Forgery Mere fact that entry made in mutation proved to be false and not made in- bona fide manner-Would not make offence fall within mischief of S. 466 or 467 in absence of other essential ingredients. Badan Singh v. Emperor A I R 1923 Lah. 110 ref. (e) Penal Code (XLV of 1860) S. 167-Mutation attested in clandestine manner without mentioning venue of mutation proceedings coupled with additions and…