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vivek   30 August 2019

Signature misused

I am a professor , I got a relieving from my college on Apr 2018. But in the college they have used my signature for thesis records dated in the year of Aug 2019 and send the same documents to universities for approval. Without my knowledge the college has misused my signature. What action I should take against them? What are all the things I should do from my side? I greatly appreciate your advice.


Learning

 3 Replies

Abhishek Das   09 September 2019

Section 465 of the Indian Penal Code, 1860 provides punishment for the commission of the offence of forgery. In order to sustain a conviction under Section 465 of the Indian Penal Code, 1860, first it has to be proved that forgery was committed under Section 463 of the Indian Penal Code, 1860, implying that ingredients under Section 464 of the Indian Penal Code, 1860 should also be satisfied

 

In the matter of: Md. Ibrahim & Ors V/s State of Bihar & Anr, (2009) 8 SCC 751, it was held that, a person is said to have made a ‘false document’, if:

  1. He made or executed a document claiming to be someone else or authorized by someone else; or,
  2. He altered or tampered a document; or,
  3. He obtained a document by practicing deception, or from a person not in control of his senses.

For detailed information click on the following link

https://devgan.in/ipc/chapter_18.php#s464

Judah Torres   26 November 2020

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175B083 Mahesh P S   28 December 2020

Hello,

You can sue them for forgery. Forgery, which is an offence under the Indian Penal Code 1860 is defined in section 463. The very basis of the offence of forgery is the making of false documents with the criminal intention to cause damage to any person. The making of a false document by itself is not punishable in Indian penal code (hereinafter referred to as IPC) under the provision of chapter XVIII (dealing with the offence related to documents).

According to Section 463 of the Indian Penal Code, “Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.”

The elements of forgery under Section 463 are:

  1. False making- The document or electronic record or the part of it must be false or fake in fact. For Example, photocopying someone’s signature and then placing it on the legal document without their consent or knowledge. Moreover, forgery mainly occurs in the field of art and literature.
     
  2. Material alteration- The person must have taken a genuine document and changed it in some significant way, which is intended to cover situations like false signatures or improperly filling in blanks on a form.
     
  3. Intent to defraud - It must have been done with intent to deceive or cause damage to the general public or to any person within the meaning of the words used in section 464 of Indian Penal Code. For instance, the work of art can be copied or replicated but until and unless the accused tries to sell or represent it as original copy, no crime has been committed.
     
  4. Legal Efficacy- The false document or writing must have some legal significance which means it must affect another person’s right to something. a writing related to social significance cannot be the subject of forgery.
     
  5. Ability to defraud:
    The document or writing must look genuine enough to qualify as having the apparent ability to fool most people. The specific state of mind for forgery only requires intent to fool people and it does not require intent to steal. 

Thank you


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