Table of Contents
Document fraud and forgery are serious crimes that undermine trust in legal, financial, and government institutions. These offenses involve the intentional manipulation, alteration, or disguise of documents to deceive individuals, organizations, or authorities for money or personal gain.
Forgery is usually taken to imply unauthorized making, altering, or reproduction of documents, signatures, or official records for the purpose of defrauding. It encompasses the forgery of contracts, identification documents, educational certificates, or financial statements. Fraud, on the other hand, embraces a broader range of deceptive practices to obtain money, services, or privileges illegally by means of false pretenses.
Such offenses carry severe legal and social ramifications. They have the potential to cause financial loss, reputational damage, and even wrongful convictions. Governments and law enforcement entities impose harsh sanctions to deter such crimes, generally classifying them as criminal under various legal frameworks.
As technology has evolved, so has document forgery and fraud, including sophisticated methods such as digital forgeries, cyber fraud, and identity theft. To counter these, the authorities have implemented advanced security technologies like biometric authentication, encryption, and blockchain technology. Understanding document forgery and fraud is crucial for individuals, businesses, and policymakers to prevent these crimes and ensure the integrity of legal and financial systems.
National Penal Code, 2074 sec 276(2a) has defined a document as a means of signature, thumb impression, seal affixed on any document and the figure, word, date, or any other content outlined in any document.
Offenses relating to documents
- Forgery
- Fraud
Legal provision of offense relating to documents.
Forgery
An individual who deliberately creates a false document, electronic record, or any part thereof, intending to cause harm, injury, or loss to the public or any person, or to gain an undue advantage for themselves or others, shall be deemed to have committed forgery as per National Penal Code, 2074 Section 276(2).
National Penal Code, 2074 sec 276(2b) has defined the making of false documents. These acts are as follows: -
- Falsely creating or altering a document, generating or transmitting an electronic record, or storing digital data in a manner that misleads others into believing it was made, written, signed, or sealed by anyone other than an actual individual or authority.
- To unlawfully or fraudulently add, remove, modify, erase, obscure, or alter any content in a document or electronic record without proper authorization.
- To manipulate or induce someone to create, sign, seal, or modify a document, knowing that due to mental illness, intoxication, or deception, they are incapable of understanding its contents.
- To create or utilize an envelope, document, or seal that has been signed and issued for a purpose different from its intended use.
Punishment
| Sec | Offense | Punishment |
|---|---|---|
| 276(3a) | Forgery of a document authenticated by the President. | A sentence of imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees. |
| 276(3b) | Forgery of a judgment or order of a court, | A sentence of imprisonment for a term not exceeding eight years and a fine not exceeding eighty thousand rupees, |
| 276(3c) | Forgery of a government or public document. | A sentence of imprisonment for a term not exceeding seven years and a fine not exceeding seventy thousand rupees, |
| 276(3d) | Forgery of a document other than that mentioned above. | A sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees. |
- A person who has already disposed of property that he or she has obtained by committing forgery shall be liable to an additional fine equal to the claimed amount, in addition to the sentence.
- If a person acquires property through forgery, they must return the property to its rightful owner. If the property has already been sold or disposed of, the equivalent value of the property will be recovered from the offender’s other assets and given to the owner.
Prohibition of possessing or using as genuine a forged document
No person shall knowingly possess a document or possess it with a reasonable belief that it is forged, with the intent to deceitfully use it as if it were genuine.
Punishment
Sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.
Fraud (National Penal Code , 2074 sec 279)
A person commits the offense of fraud if, with the intent to deprive someone of their rights, extend the statute of limitations, delay an appointed appearance, or cause any form of loss, damage, injury, or undue benefit, they knowingly:
- Claim that an event has occurred when it has not,
- Create or sign a document with a false date, figure, or content,
- Induce another person to sign such a document, or
- Falsely assert entitlement to something they do not actually have a right to
Punishment
- • A sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both the sentences.
- • A person who has already disposed of property which he or she has obtained by committing fraud shall be liable to an additional fine equal to the claimed amount, in addition to the sentence.
- • Where a person obtains any property by committing fraud, the person shall return such property to the concerned owner; and in the event that such property has already been disposed of, the claimed amount of such property shall be caused to be recovered to the owner from any other property of the offender.
Prohibition of using as genuine a fraudulent document:
No person shall knowingly use a fraudulent document as genuine or do so while having reason to believe that the document is not authentic.
Punishment
The perpetrator shall be liable to the sentence in the same manner as if he or she had committed fraud.
Liable to punishment as an accomplice
A person who becomes a witness to, or writes, a document knowing that the document is a forged one shall be considered an accomplice of the offense of forgery.
An accomplice shall be liable to half the sentence of the forgery.
Compensation
Where any loss or damage is caused to any person from the commission of any offence a reasonable compensation shall be ordered to be paid by the offender to such person who has suffered such loss or damage.
In conclusion, crimes related to documents, including forgery and fraud, pose significant threats to legal, financial, and governmental institutions. These offenses involve the intentional manipulation of documents for personal or financial gain, often leading to severe legal and social consequences. The National Penal Code, of 2074, provides strict provisions for addressing such crimes, including substantial fines and imprisonment. As technology advances, so do the methods of document fraud, necessitating the adoption of sophisticated security measures. Public awareness, legal enforcement, and technological safeguards are essential in preventing these offenses and ensuring the integrity of legal and financial systems in Nepal.