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IPC SECTION 420, 467, 468, 471 PUNISHMENT DETAILS


27-Sep-2023 (In Criminal Law)
Sir , a case was registered against my family member for false affidavit provided during Joining a government job in education department. Then case was registered under section, 420 , 467 ,468 ,and 471.
Answers (5)

Answer #1
814 votes
The Indian Penal Code (IPC) defines the offences of cheating, forgery, and counterfeiting under various sections, including Sections 420, 467, 468, and 471. Here are the punishment details and a few important judgements under Sections 420, 467, 468 and 471:

Section 420: Cheating and dishonestly inducing delivery of property
Punishment: Imprisonment of up to 7 years and fine.
Judgement: Mahadeo Prasad v. State of West Bengal, AIR 1954 SC 724.
In this case, it was held that in order to constitute the offence of cheating, the intention to deceive should be in existence at the time when the inducement was offered. It is necessary to show that a person had fraudulent or dishonest intention at the time of making the promise, to say that he committed an act of cheating. A mere failure to keep up a promise subsequently cannot be presumed as an act leading to cheating.

Section 467: Forgery of valuable security, will, etc.
Punishment: Life imprisonment or imprisonment of up to 10 years and fine.
Judgement: Raghoonundan Puttrounvees, (1871) 15 WR (Cr) 19.
In this case, it was held that an unregistered document though not valuable security until the registration is completed, still purports to be a valuable security, within the meaning of this section.

Section 468: Forgery for the purpose of cheating.
Punishment: Imprisonment of up to 7 years and fine.
Judgement: Jagan Nath, (1926) 28 Cr LJ 461.
In this case, it was held that section 468 IPC does not require that the accused should actually commit the offence of cheating; what is material is the intention or purpose of the offender in committing forgery.

Section 471: Using as genuine a forged document or electronic record
Punishment: Imprisonment of up to 2 years and/or fine.
Judgement: Asstt. Sessions Judge v. Ramammal, (1913) ILR 36 Mad 387.
In this case, it was held that a mere statement that a document or electronic record is genuine does not amount to using it as genuine.

It is important to note that the punishment for these offences may vary depending on the specific facts and circumstances of each case, and the court may take into account factors such as the nature and extent of the cheating or forgery, the amount of loss caused to the victim, the accused's criminal history, and other relevant factors. Additionally, in cases where multiple offences are committed, the accused may be punished for each offence separately or cumulatively, depending on the discretion of the court as per Section 31 CrPC.
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Answer #2
786 votes
there was a case registered against your family member for false affadavit provided during joining a government job in education department. then the case was registered under section 420 467 468 and 471 for that we need to discuss your case

Answer #3
710 votes
Please tell what exactly you wanted to know. Do you want to know the defense or you want to know about the punishment.
You may contact us for the detailed discussions.
Thanks and Regards.
Answer #4
575 votes
Challenge the FIR in a writ petition before the High Court having competent jurisdiction in the matter and seek stay on arrest. In the alternative, you may also seek anticipatory bail. If arrested already, apply for a regular bail.
Answer #5
326 votes
According to section 468 of the IPC, anyone who commits forgery with the intention that the document, or electronic record, forged, will be used to cheat, is subject to imprisonment for up to seven years and a fine.
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