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Report No. 156

Clause 188

12.84. The proposed changes in sections 470 and 471 of the Penal Code are on the basis of the reasons and recommendations contained under paras. 18.13 to 18.15 of Chapter 18 of the aforesaid 42nd Report.

Section 470, I.P.C. is proposed to be substituted because the existing section 470 which defines a "forged document" as "a false document made wholly or in part by forgery" is defective as observed by the Law Commission in its 42nd Report, (para. 18.13) thereof.

This is in view of the fact that forgery is itself defined in section 463 read with section 464, I.P.C. as "making a false document" with the requisite intent, so that, when one reads section 470 and sections 463 and 464 together, one meets the idea of "making a document" twice. By virtue of second part of clause 188, section 471, I.P.C. is proposed to be substituted. The proposed changes are in accordance with the recommendations of the Law Commission and the changes can be carried out.

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