• Punishment for forgery

Among three brothers one has left home at the age 35 in place of him l signed in land document to register land on elder brother,after 30 years second brother wife filed case after her husband dead that signatures were forged and total land was grabbed by elder one.please what would be the punishment if convicted
Asked 6 years ago in Criminal Law
Religion: Hindu

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24 Answers

465. Punishment for forgery

Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. There are other sections in IPC too for forgery

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Hi

The punishment could be tow years or fine or imprisonment with fine (both).  The same is discretion of court.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Offence of forgery is punishable under section 465 of indian penal code and punishment is two years or with fine or both.

The bar to taking cognizance after lapse of the period of limitation is given in section 468(2)(c)of criminal procedure code 1973,is three years

,if the offence is punishable with impersionmentfor a term exceeding one year but not exceeding three years.hence case can be filed with in 3years from the date of offence of forgery 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

If it is filed it is live or it has filed after knowledge still it will be live

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

See it is not pitty offence it is forgery and cheating as land was transferred , if convicted court may pass punishment and fine which may extended to 7 years.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if there is settlement with complainant there are chances to quash the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It depends upon the sections that have been slapped upon you by the police. The wife must have lodged an fir along cancellation of sale deed.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It`s 30 years old document, presumption of it validity and the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting.

File quash petition in HC,

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Forgery for purpose of cheating. 468. Whoever commits forgery, intending that the document 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 to liable to fine. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can deny all the allegation, its not easy to prove .

 You can Apply for quashed under Section 482 CrPC

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If convicted the punishment can be for 7 years.

Yes even after 30 years the case can be filed for forgery If the complainant doesn't have knowledge about forgery before filing of case. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

It's a fraud case only

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

They can be matched with the specimen in the bank records and other government documents. The complainant can file complaint and can send the signatures for FSL.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is difficult to prove forgery particularly so when person is dead and only his thumb impression is affixed on document

thumb  impression would be compared with other documents bearing his thumb impression 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

If allegations in complaint t are that you had impersonated your brother your thumb impression can be taken and matched with that on forged document

 

2) complaint is barred by limitation 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

See you cannot change thumb impression, if medically there is some way I am not aware of same.

You deny the claim and contest before court if any such case is filed it would be difficult to match thumb if it's 25 years old.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can't do to hide your finger print. If you try anything you will be in more mess. No 25 years will be time barred claim

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Section 465 in the Indian Penal CodePunishment for forgery—Who ever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

It depends on the nature of crime and how i is narrated by the complainant to the police.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The burden of proof will be on the complainant that how he or she will prove her allegations hence you need not worry about it.

.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The crime is a crime. When the complainant lodges a complaint against you,  the living person,  the police knows how to extract the truth from you.

Hence you cannot  take it for granted that it may not be possible for the police to nab you after so many years of the crime having taken place.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Depends on facts of case. What happened in 25 years. DO he had knowledge of such document. When he died etc.

File quash petition in HC.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been a law of limitation which would save you.
  2. Anyone who wants to contest the eligibility or claim in the property, will have to act within the period of 20 years in case of private land.
  3. But, after these many days, you are safe from her allegations, and she can’t put further claim over the property.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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