Forgery of record of Court or of public register, etc
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Summary
Forging a document or electronic record that pretends to be a court record, a government identity (like voter identity card or Aadhaar), registers of birth/marriage/burial, registers kept by a public servant, official certificates, authority to sue or confess judgment, or a power of attorney is a criminal offence. It applies when someone creates or tampers with such records to deceive. Punishment is imprisonment up to seven years and fine; the offence is non-bailable and triable by a first-class magistrate.
Example
Priya creates a fake Aadhaar to obtain a government subsidy. That is forgery of a government identity and she can be punished with up to seven years imprisonment and a fine; the offence is non-bailable and tried by a first-class magistrate.
Bare Act
Enacted textWhoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court or an identity document issued by Government including voter identity card or Aadhaar Card, or a register of birth, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation
For the purposes of this section, “register” includes any list, data or record of any entries maintained in the electronic form as defined in clause (r ) of sub-section (1) of section 2 of the Information Technology Act, 2000.
BNSS Classification
- Imprisonment for 7 years, or fine.
- Non-cognizable
- Non-bailable
- Triable by Magistrate of the first class.
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