Legal provisions regarding Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine under section 474 of Indian Penal Code, 1860.
Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine:
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“Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as a genuine, shall, if the document or electronic record is one of the description mentioned in Section 466 of this Code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in Section 467, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
Section 474 makes a mere conscious possession of a forged document or an electronic record, referred to in Ss. 466 & 467, with intent to fraudulently or dishonestly use it as genuine, punishable.
ADVERTISEMENTS:
Based on the gravity of criminal possession of documents referred to in Sections 466 and 467, it provides for imprisonment of either description for a term up to seven years and imprisonment for life respectively. The term ‘possession’ in Section 474 postulates ‘exclusive control’.
The offence under Section 474 is cognizable and warrant should issue. It is bailable, non-compoundable and is triable by a Magistrate of the first class.