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Dr Ramesh Yadav   29 July 2021

cheating, Forgery

What is the punishment for IPC 465,471 and 420. whether it is compoundable or not ?


Learning

 4 Replies

Dr J C Vashista (Advocate)     29 July 2021

What is the context, problem, concern and your locus standi qua this academic question paper ?

Manoj Chaudhary Advocate   29 July 2021

465 and 471 2 years 420 7 years. as far as compounding is concerned, facts of the case depends.

Kevin Moses Paul   29 July 2021

As per your query, I've laid down the descripttion of all these offences down below, do have a look.

1.) Section 465, IPC (1860):-
Section 465 of Indian Penal Code (IPC), deals with Punishment for Forgery.

This section states —"Whoever commits forgery shall be punished with imprisonment of either descripttion for a term which may extend to TWO YEARS, Or with FINE, Or with BOTH".

It's a NON-COMPOUNDABLE OFFENCE.

2.) Section 471, IPC (1860):-
Section, 471 of the Indian Penal Code deals with usage of any forged document or electronic record as a Genuine Record.

The section further states — "Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record".

The offence under section 471 is COGNIZABLE, NON-BAILABLE and NON-COMPOUNDABLE, and is triable by magistrate of the first class.

3.) Section 420, IPC (1860):-
The section 420 of the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property.

Section 420 further states that — "Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with Imprisonment of either descripttion for a Term which may Extend To SEVEN YEARS, and shall Also be liable to FINE".

The offence committed under section 420 is a COGNIZABLE as well as NON-BAILABLE offence.
However, In the case of 'Prem Narain Gupta V/s Shiva Prasad Aggarwal', the court held that - "An offence of Section 420 is COMPOUNDABLE but WITH PERMISSION of the COURT".

Hope It Helps!

Regards
Kevin M. Paul
1 Like

Dr Ramesh Yadav   30 July 2021

Thank you very much, Sir.
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