Section 467 IPC — Fraud (Provision & Punishment)
In the labyrinth of legal statutes, certain provisions stand out for their significance and impact. Section 467 of the Indian Penal Code (IPC) is one such provision, dealing with the serious offense of forgery of valuable security, will, etc. Let us embark on a journey to understand this section, its implications, and its application in the Indian legal landscape. You can also read 467 IPC in Hindi. However, in the new Bhartiya Nyaya Sanhita which is replacing the Indian Penal code, this provision is in Section 336 Now. So, if you want o get glimpse of section 336 BNS in Hindi, you can also refer to this article.
Understanding Section 467 of the Indian Penal Code
Section 467 of the IPC reads as follows:
“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 deliver 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.”
This provision encompasses various acts of forgery related to valuable securities, wills, authorities, and documents related to financial transactions.
Key Elements and Case Law Examples
- Forgery of Valuable Security: The section covers forgery of documents purporting to be valuable securities. In the case of Subramaniam v. State of Kerala (2009), the Kerala High Court held that forgery of a valuable security includes making a false document with the intent to deceive.
- Forgery of Wills: Section 467 also addresses the forgery of wills. In Kamala v. State of Maharashtra (1991), the Bombay High Court held that forging a will with the intention to defraud is punishable under this section.
- Forgery of Authorities: Any forgery related to authorities to adopt a son or grant authority to make or transfer valuable securities falls under this provision.
- Forgery of Documents Acknowledging Payments or Deliveries: The section also covers forgery of documents like receipts or acknowledgments of payments or deliveries. In State of Gujarat v. Dhansukh Lalji Solanki (2009), the Gujarat High Court emphasized that forging documents purporting to acknowledge payments is punishable under this section.
Penalties and Punishments
The punishment for offenses under Section 467 of the IPC is imprisonment for life or imprisonment for a term extending up to ten years, along with a possible fine.
Conclusion
Section 467 of the Indian Penal Code serves as a deterrent against forgery of valuable securities, wills, and other important documents. It aims to uphold the sanctity of legal instruments and protect individuals from fraudulent activities. Through its stringent provisions and penalties, it seeks to maintain the integrity of financial transactions and personal estates.
As citizens, understanding the implications of Section 467 empowers us to recognize and report instances of forgery, thereby contributing to a more just and transparent society. In upholding the rule of law, we safeguard not only our own interests but also the fabric of trust upon which society is built.
