08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
(f) Z's will contains these words "I direct that all my remaining property be
equally divided between A, B and C." A dishonestly scratches out B's name,
intending that it may be believed that the whole was left to himself and C. A has
committed forgery.
(g) A endorses a Government promissory note and makes it payable to Z or his
order by writing on the bill the words "pay to Z or his order" and signing the
endorsement. B dishonestly erases the words "pay to Z or his order" and thereby
converts the special endorsement into a blank endorsement. B commits forgery.
(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his
estate executes a conveyance of the same estate to B, dated six months earlier
than the date of the conveyance to Z, intending it to be believed that he had
conveyed the estate to B before he conveyed it to Z. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down a different legatee from
the legatee named by Z, and by representing to Z that he has prepared the will
according to his instructions, induces Z to sign the will. A has committed forgery.
(j) A writes a letter and signs it with B's name without B's authority, certifying
that A is a man of good character and in distressed circumstances from
unforeseen misfortune, intending by means of such letter to obtain alms from Z
and other persons. Here, as A made a false document in order to induce Z to
part with property, A has committed forgery.
(k) A without B's authority writes a letter and signs it in B's name certifying to
A's character, intending thereby to obtain employment under Z. A has committed
forgery inasmuch as he intended to deceive Z by the forged certificate, and
thereby to induce Z to enter into an express or implied contract for service.
Explanation 1.A man's signature of his own name may amount to forgery.
Illustrations
(a) A signs his own name to a bill of exchange, intending that it may be believed
that the bill was drawn by another person of the same name. A has committed
forgery.
(b) A writes the word "accepted" on a piece of paper and signs it with Z's name,
in order that B may afterwards write on the paper a bill of exchange drawn by B
upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of
forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A's
intention, B is also guilty of forgery.
(c) A picks up a bill of exchange payable to the order of a different person of the
same name. A endorses the bill in his own name, intending to cause it to be
believed that it was endorsed by the person to whose order it was payable, Here
A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B. B, after
the seizure of the estate, in collusion with Z, executes a lease of the estate, to Z
at a nominal rent and for a long period and dates the lease six months prior to
the seizure, with intent to defraud A, and to cause it to be believed that the
lease was granted before the seizure. B, though he executes the lease in his own
name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit,
and with intent to defraud his creditors; and in order to give a colour to the
transaction, writes a promissory note binding himself to pay to B a sum for value
received, and antedates the note, intending that it may be believed to have been
made before A was on the point of insolvency. A has committed forgery under
the first head of the definition.
Explanation 2. The making of a false document in the name of a fictitious
person, intending it to be believed that the document was made by a real
person, or in the name of a deceased person, intending it to be believed that the
document was made by the person in his lifetime, may amount to forgery.
Illustration
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the
bill in the name of such fictitious person with intent to negotiate it. A commits
forgery.
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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