Fabrication of Revenue Documents and False Affidavit's legal effect under the Indian Law

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Now a days, Fabrication of Revenue Documents and creating a false Affidavit in respect of Family Tree to hide crucial legal heir in a Joint Family is a punishable offense under the Indian Penal Code. The word Affidavit means that declaration of facts in the absence of records and a written statement confirmed by oath or affirmation, for use as evidence in court. 

It is a punishable criminal offence under section  191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings or submitted false affidavit or document in evidence before court of law. Criminal proceeding could  be initiated against accused person  under section 340 read with section 195 of CrPC 1973 before the criminal or civil court for giving false evidence.

The first Section of the IPC alleged against the accused is Section 420 and Forgery is defined under Section 463 IPC which reads as under:

"463. Forgery - 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."

We have to find as to how the change brought in by adding the above content could cause damage or injury to public or anybody or how it could support the claim or title or how it could cause any person to part with property or for that matter how there could be any intention to commit fraund.

The second Section alleged is Section 467 IPC which reads as under:

"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 delivery 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 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."A mere look at the section would suggest that even this office could not be alleged against the appellant.

The next Section is Section 468 IPC which reads as under:

"468. Forgery for purpose of cheating - Whoever commits forgery, intending that the 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."

This is the aggravated form of forgery which is punishable under Section 465 and is defined under Section 464 IPC. Section 464 speaks of making a false document. The Section reads as under:

464. Making a false document. 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 a 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 part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be 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 of unsoundness of mind or intoxication cannot, or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration."

(See for more clarity Parminder Kaur vs State Of U.P. & Anr on 26 October, 2009 these section used herein as per the requirement of title)