Report No. 42
185. Substitution of new sections for sections 463 to 477.-
For sections 463 to 477 of the Code, the following sections shall be substituted, namely.-
"463. Forgery.- A person is said to commit forgery who, dishonestly or fraudulently or with intent that fraud may be committed on the public or on any perso.-
(a) makes, signs or executes a document or part of a document with the intention of causing it to be believed that such document or part of document was made, signed or executed
(i) by, or by the authority of, a person by whom, or by whose authority, he knows that it was not made, signed or executed, or
(ii) (when the time or place is material) at a time or place at which he knows that it was not made, signed or executed; or
(b) by cancellation, addition, obliteration or otherwise, alters a document in any material part thereof, after it has been made, signed or executed either by him self or by any other person, whether such person be living pr dead at the time of such alteration; or
(c) causes any person to sign, execute or alter a document, knowing that such person, by reason of unsoundness of mind or intoxication cannot, or by reason of deception practised upon him does not, know the contents of the document or the nature of the alteration.
Explanation.-(1) In this section, "execute" includes sealing and making any mark denoting execution of a document.
(2) A man's signature of his own name may amount to forgery.
(3) The making of a 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."
464. Forged document.- A document in respect of which , or any part of which, forgery has been committed is a forged document.
465. Punishment for forgery.- Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
466. Forgery of court record, public register, Will, valuable security etc.- Whoever commits forgery in respect of a document which is, or purports to be.-
(i) a record or proceeding of or in a Court of Justice;
(ii) a register kept, or document made, by a public servant in his official capacity;
(iii) a register of birth, baptism, marriage or burial,
(iv) a Will,
(v) a valuable security,
(vi) an .authority to make or transfer any valuable security;
(vii) an authority to receive or deliver any valuable security, movable property or money,
(viii) an acquittance or receipt for the delivery of any valuable security or movable property or for the payment of any money,
(ix) an authority to institute or defend any suit or to take any proceedings therein or to confess judgment, or
(x) a power of attorney, shall be punished with rigorous imprisonment which may extend to ten years, and shall also be liable to fine."
467. Using as genuine a forged document.- Whoever fraudulently or dishonestly uses as genuine any document which he knows, or has reason to believe, to be a' forged document.-
(a) shall, if the document is one of the description mentioned in section 466, be punished with rigorous imprisonment for a term which may extend to ten years; and shall also be liable to fine; and
(b) shall, in any there case, be punished with imprisonment of either description for a term which may extend to three years, or with fine.
468. Making or possessing counterfeit seal etc., with intent to commit forgery punishable under section 466.- Whoever make 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 466, 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 rigorous imprisonment which may extend to ten years, and shall also be liable to fine.
469. Possessing a forged document described in section 466.- Whoever has in his possession any document of the description mentioned in section 466, knowing the same to be forged and intending that the same shall be fraudulently or dishonestly be used as genuine, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
470. Counterfeiting device or marks used for authenticating documents described in section 466, 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 466, 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 or which any such device or make has been counterfeited, shall be punished with rigorous imprisonment which may extend to ten years, and shall also be liable to fine.
471. Fraudulent cancellation, description etc. of valuable security or Will.- Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person.-
(a) cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete, any valuable security or any document which is or purports to be a Will, or
(b) commits mischief in respect of such valuable security or document, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine."
186. Re-numbering of section 477A.- Section 477A of the Code shall be re-numbered section 472.
187. Omission of sections 489A to 489E.- Sections 489A to 489E of the Code shall be omitted.