Forgery of Public Document

Presented by:
Bishnu Bhandari
Subikhyat Ghimire
Sushmita Manandhar
OFFENCE RELATING TO DOCUMENT
● Making or treating false document as the original or usual.
● Crime against the authenticity
● This offense is also known as traditional offense.
● Beginning of this offense started with the invention of manuscript or letters.
● Includes forgery, fraud or alteration of the original document. ● Also called
as white-collar crime.
WHAT IS DOCUMENT?
Document means “any matter expressed or described upon any substance by means
of letters, figures or marks, or by more than one of those means, intended to be
used, or which may be used, for the purpose of recording that matter.”
WHAT IS FORGERY?

● In common law, forgery was defined as the crime against the state while
 modern English law defines forgery as a means of deceipt.
● In simple terms, forgery refers to the making of false documents, modification
of an existing document or alteration of the data or the statements in the
document.
● Forgery implies false document, signature or other imitation of the object of
utility used with the intent to deceive another.
Contd….

● It is the crime of falsely writing or altering a writing by which the legal rights
 or obligations of another person are apparently affected.
● According to section 463 of indian penal code, whosoever makes any fake
document or incorrect electronic record or part of document with an intention
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 share with property or to enter into any
express or implied contract or with purpose to commit fraud.
Contd….

● The development of the crime of forgery is believed to have been based on

 judicial findings of the judge, but in modern times, the crime has been
regulated by the general laws of the country and other special legislature.
● Documents that can be the object of forgery include contracts, identification
cards, legal certificates, historical papers, art objects, licenses, currency and
consumers’ goods.
● The crime of forgery can be charged as the crime of fraud.
ELEMENTS OF FORGERY

● Creation or making of false document

● Document must have been made in such way that it can be used as genuine.
● Document must be used to do or not to do some act.
● Intention of forger to deceive.
Forgery of public documents

● Forgery of the public documents can be defined as making a false document,

altering the document or a part of document i.e. of public bodies. ● Public bodies
refers to the offices or bodies other than private bodies. ● Forgery of public
documents includes forgery of documents which has been issued by a public
body or stamped with signature of an official of a governmental body.
Contd….

● In particular, the bodies formed in accordance with the laws are included in
this bodies like council, corporation, board, authority.
● There is a clear legal provision in the criminal code about this offense who
violate the legal instruments of these public bodies as serious offenses.
Laws against forgery of Public document
 ● Section 276 of Muluki Criminal code mentions “Prohibition of Forgery”
which clearly states that no person shall commit, or cause to be committed,
forgery.
➢ According to the Muluki criminal code 2074 “a person who makes a false
document or false electronic record or a part or portion of a document or
electronic record, with intent to cause any harm, injury or damage to the public
or to any person or to render any benefit to the person himself or herself or to
any person shall be considered to commit forgery.”
Contd….
➢ Any person who commits the offence related to forgery are liable for: a. A
sentence of imprisonment for a term not exceeding ten years and a fine not
exceeding one hundred thousand rupees, in the case of forgery of a document
authenticated by the President,
b. A sentence of imprisonment for a term not exceeding eight years and a fine not
exceeding eighty thousand rupees, in the case of forgery of a judgment or
order of a court,
c. A sentence of imprisonment for a term not exceeding seven years and a fine not
exceeding seventy thousand rupees, in the case of forgery of a government or
public document other than that referred to in clauses (a) and (b),
Contd….

● Section 277 of Muluki Criminal Code 2074 mentions “Prohibition of

possessing or using as genuine a forged document” which clearly states that
no person shall, knowingly or having a reasonable reason to believe that a
document is a forged one, possess such document, with intent to dishonestly
use such document as genuine.”
➢ Any person who commits this offence is liable
to a sentence of imprisonment for a term not exceeding three years and a fine not
rupees.
exceeding thirty thousand ➢ A person who uses as genuine any document
which he or she knows or has a
reasonable reason to believe to be a forged document shall be liable to the
 sentence in the same manner as if he or she had forged such document.
Contd….

● Section 278 of Muluki criminal code 2074 mentions “Prohibition of making

instrument for making forged document.” which clearly states that no person
shall make, repair, purchase, exchange or possess any seal or other instrument for
making a forged document, with the intention of using it in establishing or
making a forged document, or knowingly or having a reasonable reason to
believe that it may be used in such act.
➢ Any person who commits, or causes to
be committed, the offence shall be liable to a sentence of imprisonment for a
 term not exceeding four years and a fine not exceeding forty thousand rupees.
Contd….

● Section 281 of Muluki criminal code mentions “Liable to punishment as

accomplice” which mentions that any person who becomes a witness to, or
writes, a document knowing that the document is a forged one shall be
considered as an accomplice of the offence of forgery.
● Section 282 of Muluki criminal code 2074 has mentioned about the
compensation part for the whole chapter 25 i.e. offence related documents
where it mentions “Where any loss or damage is caused to any person from
the commission of any offence referred to in this Chapter, a reasonable
 compensation shall be ordered to be paid by the offender to such person who
has suffered such loss or damage.”
Contd….

● Section 283 of Muluki criminal code 2074 mentions the statue of limitation
which clearly states that “No complaint shall lie, in relation to the offence of
forgery of a public document after the expiry of two years from the date of
knowledge of commission of such offence, and in relation to any of the other
offences under this Chapter, after the expiry of six months from the date of
knowledge of commission of such offence.”
Case laws on forgery of Public Document

1. HMG v Padam Bahadur Gurung NKP 2063, Decision no.7779

(issue : Citizenship Kirte)

2. NG v Krishna Prasad Humagain NKP 2067, Decision no. 8444 (

issue : Signing the official seal)