266+ Lawyers are online 
FORGERY CASE: FACTS SHARED, LEGAL EXPERTISE SOUGHT
30-Oct-2023 (In Criminal Law)
1) Someone I know signed on behalf of someone else who was not in India as the work was urgent and Ex-Parte order would have been passed without the signature, so he signed.2) Now, the document was 100% genuine, only the signature were not of the person it were supposed to be.3) People are scaring us that we have committed forgery and we might get 5-10 years or more jail term. The people saying this are not lawyers, just laymen.My question is, are people correct who are saying we might get jail term for 5-10 years? We committed no crime except signing on behalf of someone who was not in India. Order was passed in our favour but that was based on hundreds of other documents that were 100% legit. Except that signature, everything else was correct, there was no wrongful gain or loss to anyone. So, even if the correct person had signed the document, order would have been the same. Because of these signatures, are we in trouble? Do we have any chance of saving except plea bargain? Thanks
Greetings to you.
Signature of any document by a person who isn’t authorized to do so constitutes a legal wrong but at the same time the consideration that’s taken in view is the nature of the document that was signed, the stage at which it was signed and also the nature of case that was being adjudicated.
Judges usually are magnanimous when cases like these comes before them but often enough, the other parties make a huge hoopla out of it. We had dealt with a matter like this which originated from a district court in Bihar and came all the way to Supreme Court.
Please feel free to reach out to me should you require any further assistance.
Regards
Signature of any document by a person who isn’t authorized to do so constitutes a legal wrong but at the same time the consideration that’s taken in view is the nature of the document that was signed, the stage at which it was signed and also the nature of case that was being adjudicated.
Judges usually are magnanimous when cases like these comes before them but often enough, the other parties make a huge hoopla out of it. We had dealt with a matter like this which originated from a district court in Bihar and came all the way to Supreme Court.
Please feel free to reach out to me should you require any further assistance.
Regards
Helpful?
Adv. Khalid Akhtar
Delhi | 100+ Answers
CONTACT NOW
You need to get an SPA from the person whose signature you endorsed ! Signature is everything! All documents are zero until they are not signed ! Anyways be in touch with us to understand the legalities
Thanks
Thanks
Helpful?
Adv. D. Khan
Delhi | 500+ Answers
Chat
Boss, you have three questions... can u sign a document on behalf of someone else..?
ans is yes just get a power of attorney...
second question can u sign a document on behalf of someone else with his name and signature.?
ans is NO but why u have to admit it ? just say that ur signature may not match and if that is the issue u can get the Signature once again ok n affidavit.
problem is solved...
don't get scared that u will get 5,10 of jail term as first u need to be proved guilty which is a very tedious task if u are backed by a good lawyer ...
incase u need more help Google me.
ans is yes just get a power of attorney...
second question can u sign a document on behalf of someone else with his name and signature.?
ans is NO but why u have to admit it ? just say that ur signature may not match and if that is the issue u can get the Signature once again ok n affidavit.
problem is solved...
don't get scared that u will get 5,10 of jail term as first u need to be proved guilty which is a very tedious task if u are backed by a good lawyer ...
incase u need more help Google me.
Helpful?
Adv. Vivekanand
Delhi | 25+ Answers
CONTACT NOW
It's important here to understand what is the law surrounding Forgery.
Understand through this illustration that “Person A signs Person B’s signature, later Person B files a complaint against Person A and Person B doesn't disclose that he instructed A to sign” in this case Person A shall be liable for Forgery.
So there is a looming risk but if Person B says that the signatures are mine, his evidence shall be enough to protect A.
Understand through this illustration that “Person A signs Person B’s signature, later Person B files a complaint against Person A and Person B doesn't disclose that he instructed A to sign” in this case Person A shall be liable for Forgery.
So there is a looming risk but if Person B says that the signatures are mine, his evidence shall be enough to protect A.
Helpful?
Adv. Kunal Sinha
Delhi | 200+ Answers
Chat
Yes. such sign is fabricated one and it amount to fraud, cheating, perjury as the order has been obtained from court on the basis of forged document. what was your authority to sign? Has you signed as representative of person or had signed as person who was supposed to sign? in such case minimum punishment is 10 years.
Helpful?
Adv. Siddharth Srivastava
Delhi | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
