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September 11, 2013

Arbitration, Limitation Act 1963 and Fraud / Forgery




As per Article 56 of the Limitation act the person/plaintiff would get a period of three years within which an application has to be made i.e within three years, from the date, when the fraud became known to the appellant

FIR can be registered under following sections:-

Section 465 of IPC
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 468 of IPC
Whoever commits forgery, intending that the *[document or Electronic Record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 471 of IPC
Whoever fraudulently or dishonestly uses as genuine any *[document or electronic record] which he knows or has reason to believe to be a forged **[document or electronic record], shall be punished in the same manner as if he had forged such **[document or electronic record].

Section 477-A of IPC
Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, willfully, and with intent to defraud, destroys, alters, mutilates or falsifies any **[book, electronic record, paper, writing], valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or willfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular of any material particular form or in, any such **[book, electronic record, paper, writing], valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation-It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.]

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