IPC
- Indian Penal Code
173[***] PROPERTY MARKS
463. Forgery
173A[Whoever
makes any false documents or false electronic record or part of a document
or electronic record, 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.
464. Making a false document
173A[A
person is said to make a false document or false electronic record-
First-
Who dishonestly or fraudulently-
(a) makes, signs, seals or executes
a document or part of a document;
(b) makes or transmits any electronic
record or part of any electronic record;
(c) affixes any digital signature
on any electronic record;
(d) makes any mark denoting the
execution of a document or the authenticity of the digital signature,
with the intention of causing it
to be believed that such document or part of document, electronic record
or digital signature was made, signed, sealed, executed, transmitted or
affixed by or by the authority of a person by whom or by whose authority
he knows that it was not made, signed, sealed, executed or affixed; or
Secondly- Who, without lawful
authority, dishonestly or fraudulently, by cancellation or otherwise,
alters a document or an electronic record in any material cancellation
or otherwise, alters a document or an electronic record in any material
part thereof, after it has been made, executed or affixed with digital
signature either by himself or by any other person, whether such person
by 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 or an electronic
record or to affix his digital signature on any electronic record knowing
that such person by reason or unsoundness of mind or intoxication cannot,
or that by reason of deception upon him, he does not know the contents
of the document or electronic record or the nature of the alteration.]
Illustrations
(a) A has a letter of credit upon
B 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 delivered
by B 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 to selling the estate to B, and thereby
of obtaining from B 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 sum 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
authorises B to fill up the cheque by inserting a sum not exceeding ten
thousand rupees for the purpose of making certain payment. 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 the these
words-"I 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 he 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 to 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 the forged 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
(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
the 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. A endorses
the bill in his own name, intending to cause it to be believed that it
was endorsed by the person 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 of Z at a nominal
rent and for a long period and dates the 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 B 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 B 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.
173B [Explanation
3- For the purposes of this section, the expression "affixing digital
signature" shall have the meaning assigned to it in clause (d) of
sub-section (1) of section 2 of the Information Technology Act, 2000.]
465. Punishment for forgery
Whoever
commits forgery shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
466. Forgery of record of court or of public register, etc.
173A[Whoever
forges a document or an electronic record], 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 judgement, or a power
of attorney, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to
fine.
173B[Explanation-
For the purpose of this section, "register" includes any list,
data or record of any entries maintained in the electronic form as defined
in clause (r) of sub-section (1) of section 2 of the Information Technology
Act, 2000]
467. Forgery of valuable security, will, etc.
Whoever
forges a document which purports to be a valuable security or a will,
or an authority to adopt a son, or which purports to give authority to
any person to make or transfer any valuable security, or to receive the
principal, interest or dividends thereon, or to receive or deliver any
money, movable property, or valuable security, or any document purporting
to be an acquittance or receipt acknowledging the payment of money, or
an acquittance or receipt for the delivery of any movable property or
valuable security, shall be punished with 152[imprisonment for life],
or with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
468. Forgery for purpose of cheating
Whoever
commits forgery, intending that the 173A[document or electronic record
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.
469. Forgery for purpose of harming reputation
Whoever
commits forgery, 173A[intending that the document or electronic record
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.
470. Forged document
A false
173A[document or electronic record] made wholly or in part by forgery
is designated "a forged 173A[document or electronic record]".
471. Using as genuine a forged document
Whoever
fraudulently or dishonestly uses as genuine any 173A[document or electronic
record] which he knows or has reason to believe to be a forged 173A[document
or electronic record], shall be punished in the same manner as if he had
forged such document.
472. Making or possessing counterfeit seal, etc., with intent
to commit forgery punishable under section 467
Whoever
makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing
any forgery which would be punishable under section 467 of this Code,
or, with such intent, has in his possession any such seal, plate or other
instrument, knowing the same to be counterfeit, shall be punished with
152[imprisonment for life], or with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to
fine.
473. Making or possessing counterfeit seal, etc., with intent
to commit forgery punishable otherwise
Whoever
makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing
any forgery which would be punishable under any section of this Chapter
other than section 467, or, with such intent, has in his possession any
such seal, plate or other instrument, knowing the same to be counterfeit,
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
474. Having possession of document described in section 466 or
467, knowing it to be forged and intending to use it as genuine
173A[Whoever
has in this possession any document or electronic record, knowing the
same to be forged and intending that the same shall fraudulently or dishonestly
by used as a genuine, shall, if the document or electronic record is one
of the description mentioned in section 466 of this Code], be punished
with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine; and if the document is
one of the description mentioned in section 467, shall be punished with
152[imprisonment for life], or with imprisonment of either description,
for a term which may extend to seven years, and shall also be liable to
fine.
475. Counterfeiting device or mark used for authenticating documents
described in section 467, or possessing counterfeit marked material
Whoever
counterfeits upon, or in the substance of, any material, any device or
mark used for the purpose of authenticating any document described in
Section 467 of this Code, intending that such device or mark shall be
used for the purpose of giving the appearance of authenticity to any document
then forged or there after to be forged on such material, or who, with
such intent, has in his possession any material upon or in the substance
of which any such device or mark has been counterfeited, shall be punished
with 152[imprisonment for life], or with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to
fine.
476. Counterfeiting device or mark used for authenticating documents
other than those described in section 467, or possessing counterfeit marked
material
Whoever
counterfeits upon, or in the substance of, any material, any device or
mark used for the purpose of authenticating 173A[any document or electronic
record] other than the documents described in section 467 of this Code,
intending that such device or mark shall be used for the purpose of giving
the appearance of authenticity to any document then forged or thereafter
to be forged on such material, or who, with such intent, has in his possession
any material upon or in the substance of which any such device or mark
has been counterfeited, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.
477. Fraudulent cancellation, destruction, etc., of will, authority
to adopt, or valuable security
Whoever
fraudulently or dishonestly, or with intent to cause damage or injury
to the public or to any person, cancels, destroys or defaces, or attempts
to cancel, destroy or deface, or secretes or attempts to secrete any document
which is or purports to be a will, or an authority to adopt a son, or
any valuable security, or commits mischief in respect of such documents,
shall be punished with 152[imprisonment for life], or with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine.
174[477A. Falsification of accounts
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 173A[book, electronic record,
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 173A[book, electronic record, 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.]
175[Of]
176[***] Property and Other Marks
[478. Trade marks Repealed by the Trade and Merchandise Marks
Act, 1958, w.e.f. 25th. November, 1959]
479. Property mark
A mark
used for denoting that movable property belongs to a particular person
is called a property mark.
[480. Using a false trade mark: Repealed by the Trade and Merchandise
Marks Act, 1958, w.e.f. 25th. November, 1959]
481. Using a false property mark
Whoever
marks any movable property or goods or any case, package or other receptacle
containing movable property or goods, or uses any case, package or other
receptacle having any mark thereon, in a manner reasonably calculated
to cause it to be believed that the property or goods so marked, or any
property or goods contained in any such receptacle so marked, belong to
a person to whom they do not belong, is said to use a false property mark.
482. Punishment for using a false property mark
Whoever
uses 177[***] any false property mark shall, unless he proves that he
acted without intent to defraud, be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or
with both.]
483. Counterfeiting a property mark used by another
Whoever
counterfeits any 178[***] property mark used by any other person shall
be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
179[484. Counterfeiting a mark used by a public servant
Whoever
counterfeits any property mark used by a public servant, or any mark used
by a public servant to denote that any property has been manufactured
by a particular person or at a particular time or place, or that the property
is of a particular quality or has passed through a particular office,
or that it is entitled to any exemption, or uses as genuine any such mark
knowing the same to be counterfeited, shall be punished with imprisonment
of either description for a term which may extend to three years, and
shall also be liable to fine.]
180[485. Making or possession of any instrument for counterfeiting
a property mark
Whoever
makes or has in his possession any die, plate or other instrument for
the purpose of counterfeiting a property mark, or has in his possession
a property mark for the purpose of denoting that any goods belong to a
person to whom they do not belong, shall be punished with imprisonment
of either description for a term which may extend to three years or with
fine, or with both.]
181[486. Selling goods marked with a counterfeit property mark
180[Whoever
sells, or exposes, or has in possession for sale, any goods or things
with a counterfeit property mark] affixed to or impressed upon the same
or to or upon any case, package or other receptacle in which such goods
are contained, shall, unless he proves-
(a) that, having taken all reasonable
precautions against committing an offence against this section, he had
at the time of the commission of the alleged offence no reason to suspect
the genuineness of the mark, and
(b) that, on demand made by or
on behalf of the prosecutor, he gave all the information in his power
with respect to the persons from whom he obtained such goods or things,
or
(c) that otherwise he had acted
innocently.
be punished
with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.]
182[487. Making a false mark upon any receptacle containing goods
Whoever
makes any false mark upon any case, package or other receptacle containing
goods, in a manner reasonably calculated to cause any public servant or
any other person to believe that such receptacle contains goods which
it does not contain or that it does riot contain goods which it does contain,
or that the goods contained in such receptacle are of a nature or quality
different from the real nature or quality thereof, shall, unless he proves
that he acted without intent to defraud, be punished with imprisonment
of either description for a term which may extend to three years, or with
fine, or with both.]
182[488. Punishment for making use of any such false mark
Whoever
makes use of any such false mark in any manner prohibited by the last
foregoing section shall, unless he proves that he acted without intent
to defraud, be punished as if he had committed an offence against that
section.]
182[489. Tampering with property mark with intent to cause injury
Whoever
removes, destroys, defaces or adds to any property mark, intending 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 extend to one year, or with fine, or with both.]
183[Of
Currency-Notes and Bank-Notes]
183[489A. Counterfeiting currency-notes or bank-notes
Whoever
counterfeits, or knowingly performs any part of the process of counterfeiting,
any currency-note or bank-note, shall be punished with 152[imprisonment
for life], or with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
Explanation-
For the purposes of this section and of sections 489B, 184[489C, 489D
and 489E], the expression "bank-note" means a promissory note
or engagement for the payment of money to bearer on demand issued by any
person carrying on the business of banking in any part of the world, or
issued by or under the authority of any State or Sovereign Power, and
intended to be used as equivalent to, or as, a substitute for money.]
183[489B. Using as genuine, forged or counterfeit currency-notes
or bank-notes
Whoever
sells to, or buys or receives from, any other person, or otherwise traffics
in or uses as genuine, any forged or counterfeit currency-note or bank-note,
knowing or having reason to believe the same to be forged or counterfeit,
shall be punished with 152[imprisonment for life], or with imprisonment
of either description for a term which may extend to ten years, and shall
also be liable to fine.]
183[489C. Possession of forged or counterfeit currency-notes
or bank-notes
Whoever
has in his possession any forged or counterfeit currency-note or bank-note,
knowing or having reason to believe the same to be forged or counterfeit
and intending to use the same as genuine or that it may be used as genuine,
shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.]
183[489D. Making or possessing instruments or materials for forging
or counterfeiting currency-notes or bank-notes
Whoever
makes, or performs, any part of the process of making, or buys or sells
or disposes of, or has in his possession, any machinery, instrument or
material for the purpose of being. used, or knowing or having reason to
believe that it is intended to be used, for forging or counterfeiting
any currency-note or bank-note, shall be punished with 152[imprisonment
for life], or with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.]
185[489E. Making or using documents resembling currency-notes
or bank-notes
(1) Whoever
makes, or causes to be made, or uses for any purpose whatsoever, or delivers
to any person, any document purporting to be, or in any way resembling,
or so nearly resembling as to be calculated to deceive any currency-note
or bank-note shall be punished with fine which may extend to one hundred
rupees.
(2) If any person, whose name
appears on a document the making of which is an offence under sub-section
(1), refuses, without lawful excuse, to disclose to a police officer on
being so required the name and address of the person by whom it was printed
or otherwise made, he shall be punished with fine which may extend to
two hundred rupees.
(3) Where the name of any person
appears on any document in respect of which any person is charged with
an offence under sub-section (1) or on any other document used or distributed
in connection with that document it may, until the contrary is proved,
be presumed that person caused the document to be made.] |
