For forgery of record of Court, Public register etc. (Section 466 of IPC)
“Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
For the purposes of this section, “register” includes any list, data or record of any entries maintained in the electronic form as defined in clause (r) of sub-section (1) of Section 2 of the Information Technology Act, 2000.”
Section 466 deals with forgery of the following types of documents:
i) Court records and pleadings;
ii) Register of birth, death, baptism, marriage or register kept by a public servant as such;
iii) Certificate or document purporting to be made by a public servant in his official capacity; or
iv) An authority to substitute or defend a suit, or to take any proceedings therein, or to confer judgment; or
v) A Power of attorney.
The words ‘forged document’ covers not only forgery of the whole, but also forgery of a part of the document.
To bring the act of the accused under the coverage of Section 466, the element of fraud and dishonesty must be present in his mind. Section 466 does not only apply to a public officer or a person acting under his control, whose duty is to make entries in a public register or book for making a false document. It only applies to a situation where some unauthorised person commits forgery with a view to make it appear that the document had been duly issued by the concerned officer.
The offence under Section 466 is non-cognizable but a warrant should issue. It is non-bailable as well as non-compoundable and is triable by Magistrate of first class.