Cheating, Forgery and Misappropriation

Making the false document itself is not punishable in the Indian Penal Code under the provision of Chapter XVIII dealing with record-related offences.

To constitute forgery, the following elements must be present:

•  False making
• Material alteration
• Intent to defraud 
• Legal efficacy

Forgery for cheating is a specific offence that is non-compoundable, cognizable and non-bailable and is triable by the Magistrate of First Class. It carries a maximum punishment of seven years in prison and a fine. 

Difference between Cheating and Forgery

• When a person causes harm to a person, body, mind or property, they are said to have committed cheating. On the other hand, when someone causes damage to the title of the property, and the offence relates to the property indirectly, they have committed forgery.
• Cheating can be committed with or without the owner’s knowledge of the property, but forgery is always committed without the owner’s knowledge. 
• The difference between cheating and forgery lies in the punishment and the offence they relate to. Cheating, as explained under Section 415-420 of the IPC, can carry a sentence of seven years or a fine, while forgery, as defined under Section 463-477 of the IPC, can be of two years or a fine. 
• Cheating is a wide offence that incorporates forgery under its ambit, while forgery is often committed with the aim of cheating. While forgery may cause damage or harm to the title deeds and property only, cheating may cause damage or harm to the body, mind, reputation or property. 

The prosecution must prove that the accused has committed forgery to secure a conviction under Section 468 of the Indian Penal Code with the intention that the forged document or electronic record shall be used for cheating. The scope of Section 468 applies only when forgery is committed to using the forged document for cheating. 

Criminal misappropriation of property is an offence under Section 403 of the Indian Penal Code, wherein the offender maliciously or dishonestly misappropriates or converts to one’s use of any moveable property. 

The essential elements of this offence are 

• Property should belong to another person.
• Dishonest intention 
• Conversion of the property for one’s use. 

The punishment for this offence is imprisonment for a term that may extend for two years, with a fine, or with both. The difference between theft and criminal misappropriation is that in theft, the intention is always dishonest from the beginning of the act, while in criminal misappropriation, the initial intention may be innocent and lawful, but dishonest intention develops subsequently. In theft, the moving of property is an offence, while in criminal misappropriation, the mere moving of property does not amount to a crime.

The offence under this section is cognizable, bailable and non-compoundable and is triable by a first-class magistrate. The punishment for the crime is simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to a fine; if the offence was one punishable under Section 377, it might be punished with imprisonment for life.

Extortion is a severe criminal offence that can have significant consequences for both the victim and the accused. If you’re facing extortion charges, you must work with an experienced and knowledgeable attorney who can help you navigate the legal system and defend your rights.

At our law firm, we deeply understand the complexities of extortion law and the steps necessary to build a strong defence against these charges. We work closely with our clients to understand their situation, gather evidence, and create compelling cases to defend against extortion charges.

If you’re facing extortion charges or have been a victim, we encourage you to contact us today to schedule a consultation.