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IPC section 468 punishes the act of forgery for the purpose of cheating. It says that whoever commits forgery with the intention that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine.
The section requires that forgery must be committed and the intention of the offender must be to use the forged document or forged electronic record for the purpose of cheating. Whether the intention materialises or not is of no consequence. This offence is also an aggravated form of forgery for which enhanced punishment has been prescribed.
Section 468 does not require that the accused should commit the offence of cheating. What is material for Section 468 is committing forgery with the intent to use the forged document for the purpose of cheating. If the accused has used the forged document for the purpose of cheating, he becomes liable under Section 468 as well as for committing the offence of cheating.
Where the accused, a bank employee, took a blank draft, the second accused forged the signature of an agent on it, and the third accused opened an account in the name of a fictitious person and encashed the forged draft, the co-conspirator accused admitting to have forged the signature on the blank bank draft, his plea that he only tried to oblige the other accused persons and knew nothing more was not acceptable, and all of them were held guilty.
Where the accused, working as an Up-vaid in an Ayurvedic Aushadhalaya, was charged for preparing bogus medical bills for government servants, and there was concurrent finding that trap was laid and tainted money was recovered from him, bare denial on his part was not sufficient, and his conviction under sections 468 and 120-B of the Code was held to be proper.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.
IPC 468 in English: [ Ссылка ]
IPC 468 in Hindi: [ Ссылка ]
IPC Sections in English: [ Ссылка ]
IPC Dhara in Hindi: [ Ссылка ]
All IPC Sections English: [ Ссылка ]
All IPC Sections in Hindi: [ Ссылка ]
Advocate Jaspreet Singh Rai can be consulted for further information at [ Ссылка ] or by calling at +91-9599000555
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