Yes, forged documents can lead to prosecution under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS) if they are used to cheat a person and dishonestly induce them to deliver property, money, or any valuable security. In such cases, the accused may be prosecuted not only for cheating under Section 318(4) BNS but also for the relevant offences relating to forgery, use of forged documents, criminal breach of trust, conspiracy, or other applicable provisions of the BNS, depending on the facts of the case.
For example, prosecution under Section 318(4) BNS may arise where a person:
- Uses a forged sale deed to sell property.
- Produces a fake power of attorney to transfer ownership.
- Submits forged educational certificates to obtain employment.
- Uses fabricated bank statements or financial records to secure a loan.
- Presents forged identity documents to obtain money or valuable assets.
- Executes forged agreements or receipts to deceive another person.
To secure a conviction under Section 318(4) BNS, the prosecution must prove that:
- The accused deceived the victim.
- The forged document was used as a means of deception.
- The accused had a dishonest or fraudulent intention from the very beginning.
- The victim was induced to deliver property, money, or a valuable security because of the deception.
- The victim suffered wrongful loss, and the accused obtained wrongful gain.
It is important to note that mere possession of a forged document does not automatically attract Section 318(4) BNS. The prosecution must establish that the forged document was actually used to cheat or dishonestly induce another person. If the forgery exists without any element of cheating or dishonest inducement, the case may involve only the relevant forgery provisions of the BNS rather than Section 318(4).
In many property disputes, loan frauds, employment scams, corporate frauds, and banking fraud cases, investigating agencies often invoke Section 318(4) BNS along with the applicable provisions relating to forgery, use of forged documents, criminal conspiracy, and criminal breach of trust, depending on the nature of the allegations and the evidence collected during the investigation.
Therefore, the use of forged documents to deceive another person and obtain property, money, or any valuable security can result in prosecution under Section 318(4) BNS in addition to the relevant offences relating to forgery under the Bharatiya Nyaya Sanhita.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304