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Only Maker Of Fake Document Can Be Charged With Forgery

In Sheila Sebastian Vs. R. Jawaharaj,  the Supreme Court, observing that making of a false document is different than causing it to be made, has held that a charge of forgery cannot be imposed on a person who is not the maker of the same. It is imperative that a false document is made and the accused person is the maker of the same, otherwise the accused person is not liable for the offence of forgery, the bench said.

The complainant, in this case, had alleged that accused no. 1, with the aid of an imposter who by impersonating as Mrs. Doris Victor, created a power of attorney document in his name as if he was her agent. Though the trial court and first appellate court convicted the accused, the high court acquitted them holding that to get attracted the offence of forgery, “making of a false document” is essential.

Assailing this high court judgment before the apex court, it was contended that anyone who makes a false document is guilty of forgery and in this case the accused created the forged power of attorney with the sole intention of grabbing the property belonging to one Mrs. Doris Victor.

Article referred: http://www.livelaw.in/making-of-fake-document-is-different-than-causing-it-to-be-made-only-maker-can-be-charged-with-forgery-sc/

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