Legal provisions regarding For forgery of ‘valuable security’, ‘will’ etc. under section 467 of Indian Penal Code, 1860.
For forgery of ‘valuable security’, ‘will’ etc.:
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“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 acquaintance or receipt acknowledging the payment of money, or an acquaintance 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.”
One of the essential ingredients of an offence under Section 467 is that there should be an offence of forgery, and that offence of forgery is committed only when there is the preparation of a false document within the meaning of that expression occurring in Sections 463 and 465 of IPC.
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To establish the offence under Section 467, the prosecution has to necessarily prove that there was intention as is implied in the term ‘fraudulent’ or ‘dishonestly’ occurring in Sections 463 and 464, IPC.
The following are the main ingredients of the provision of Section 467:
The forged document:
i) Purports to be : (a) a valuable security; or (ii) a will, or (c) an authority to adopt a son; or
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ii) Give authority to any person:
a) To make or transfer any valuable security; or
b) To receive the principal, interest or dividends on a valuable security; or
c) To receive or deliver any money, moveable property, or valuable security;
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iii) Purports to be an acquaintance receipt:
a) For acknowledging the payment of money; or
b) For the delivery of any moveable property or valuable security.
The offence under Section 467 is cognizable in the case security cases and non-cognizable for the rest and in all cases a warrant should issue. It is both non-bailable and non-compoundable and is triable by Magistrate of first class.