Requirement Of Intention In Fraud Cases

A wife, who is in the service of Government of Gujarat after purchasing a Non - judicial Stamp Paper went to Notary Public. There a document is created, in which facts are stated about her marriage with her husband on such a date and further stated that after that marriage, her maiden name was changed from so and so to so and so. The contents are truly stated. But, the wife has forged the signature of the husband, without his knowledge and consent. Whether the said act of wife amount to a "forgery", particularly, punishable under Indian Penal Code. What is impact on her service.

Answer (1)

Team Legistify

  • Sector-1, Noida

No, she has not committed forgery. As per Indian penal code section 463 Forgery.-- Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. Her intention is not cause a injury or damage to her husband.

Answered on 28 Sep 2018

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