CrPC Section 467
CrPC Section 467 defines the offence of forgery of valuable security or will and prescribes its punishment.
CrPC Section 467 deals with the serious offence of forgery related to valuable securities or wills. This section outlines the nature of the crime and the severe punishment attached to it. Understanding this section is crucial for anyone involved in legal, financial, or property matters to recognize the gravity of such forgery offences.
The section plays a vital role in protecting property rights and maintaining trust in legal documents. It ensures that forgery involving important documents like wills or securities is met with stringent legal consequences, thereby deterring fraudulent activities.
CrPC Section 467 – Exact Provision
This section criminalizes the act of forging valuable securities or wills, recognizing the high degree of harm such forgery causes to individuals and society. The law prescribes severe punishments, including life imprisonment or imprisonment up to ten years, along with fines. The term "valuable security" includes documents that represent monetary value or property rights, while a "will" is a legal declaration of a person's wishes regarding their estate after death.
Defines forgery of valuable securities and wills as a grave offence.
Prescribes punishment of life imprisonment or up to ten years.
Includes liability to pay fines in addition to imprisonment.
Applies to forgery of any valuable legal document.
Explanation of CrPC Section 467
This section makes it clear that forging important documents like securities or wills is a serious crime. It punishes offenders with long jail terms and fines to prevent fraud and protect property rights.
The section states that forgery of valuable securities or wills is punishable by law.
It affects anyone who forges or tampers with such documents.
The offence is triggered when a person creates or alters a document dishonestly.
It allows courts to impose imprisonment and fines on offenders.
Forgery under this section is strictly prohibited and punishable.
Purpose and Rationale of CrPC Section 467
The purpose of this section is to safeguard the integrity of valuable legal documents. Forgery of securities or wills can cause significant financial loss and legal disputes. This section ensures strict punishment to deter such crimes and protect individuals’ property rights.
Protects rights of property owners and beneficiaries.
Ensures legal procedures are not undermined by forgery.
Balances the need for strict law enforcement with fairness.
Prevents misuse and abuse of valuable documents.
When CrPC Section 467 Applies
This section applies when a person forges or fraudulently alters a valuable security, will, or similar document. It is invoked during investigations of such forgery offences by police and courts.
The document must be a valuable security, will, or legal document.
The act must involve forgery or dishonest alteration.
Police and magistrates have authority to act under this section.
The offence is cognizable and non-bailable.
Jurisdiction lies with Sessions Courts for trial.
Cognizance under CrPC Section 467
Cognizance of an offence under Section 467 is taken by a Magistrate upon receiving a police report or complaint. Since the offence is serious and punishable with life imprisonment, courts proceed with due diligence. The police investigate the forgery and submit evidence for the court to consider.
Magistrate takes cognizance on police report or complaint.
Investigation is conducted by police before trial.
Trial proceeds in Sessions Court due to severity.
Bailability under CrPC Section 467
Offences under Section 467 are non-bailable due to their grave nature. The accused cannot claim bail as a matter of right and must apply to the court. The court considers factors like evidence, flight risk, and public interest before granting bail.
Offence is non-bailable by default.
Bail granted only by court discretion.
Court assesses risk and evidence before bail.
Triable By (Court Jurisdiction for CrPC Section 467)
Cases under Section 467 are triable exclusively by the Sessions Court because of the serious punishment involved. Magistrate courts do not have jurisdiction to try this offence. The Sessions Court conducts the trial with full procedural safeguards.
Trial is conducted by Sessions Court only.
Magistrate courts cannot try this offence.
Sessions Court ensures proper procedure and evidence evaluation.
Appeal and Revision Path under CrPC Section 467
Appeals against convictions under Section 467 lie to the High Court. The accused or prosecution can file appeals or revisions challenging the trial court’s decision. Timelines for appeals are governed by CrPC rules, typically within 30 to 90 days.
Appeal lies to the High Court from Sessions Court.
Revision petitions can be filed for procedural errors.
Typical appeal timelines range from 30 to 90 days.
Example of CrPC Section 467 in Practical Use
Person X forged a will to unlawfully claim the property of a deceased relative. The forgery was detected during the property transfer process. Police arrested X under Section 467 and submitted evidence to the Sessions Court. The court sentenced X to seven years imprisonment and a fine, protecting the rightful heirs.
The section helped punish forgery and protect rightful ownership.
Key takeaway: Forging wills leads to severe legal consequences.
Historical Relevance of CrPC Section 467
This section has evolved to address increasing cases of forgery involving valuable documents. Amendments have strengthened punishments to deter fraud. It reflects the judiciary’s commitment to protecting property rights and legal integrity.
Originally part of the Indian Penal Code provisions on forgery.
Amendments increased punishment severity over time.
Adapted to cover modern forms of valuable securities.
Modern Relevance of CrPC Section 467
In 2026, Section 467 remains crucial as digital and physical document forgery risks rise. Courts and police use this section to combat fraud in wills, securities, and digital certificates. It supports secure property transactions and trust in legal documents.
Addresses forgery in both physical and digital documents.
Supports anti-fraud measures in property and finance sectors.
Ensures legal certainty in inheritance and securities.
Related Sections to CrPC Section 467
Section 463 – Definition of Forgery
Section 464 – Making a False Document
Section 468 – Forgery for Purpose of Cheating
Section 471 – Using Forged Documents as Genuine
Section 420 – Cheating and Dishonest Inducement
Case References under CrPC Section 467
- State of Maharashtra v. Chandraprakash Kewalchand Jain (1990, AIR 182)
– Forgery of valuable documents attracts stringent punishment under Section 467.
- Ram Narain v. State of Uttar Pradesh (2003, 3 SCC 155)
– Importance of proving dishonest intention in forgery cases.
- Gurbachan Singh v. State of Punjab (1974, AIR 1337)
– Use of forged will invalidates property transfer.
Key Facts Summary for CrPC Section 467
- Section:
467
- Title:
Forgery of Valuable Security or Will
- Nature:
Procedural and punitive
- Applies To:
Accused forging valuable documents
- Cognizance:
Taken on police report or complaint
- Bailability:
Non-bailable
- Triable By:
Sessions Court
Conclusion on CrPC Section 467
CrPC Section 467 is a critical legal provision that protects individuals and society from the serious crime of forgery involving valuable securities and wills. Its stringent punishments reflect the high value placed on the integrity of such documents. The section acts as a deterrent against fraudulent practices that can cause significant financial and emotional harm.
Understanding this section helps citizens recognize the importance of lawful handling of wills and securities. It also guides law enforcement and courts in effectively prosecuting forgery offences, ensuring justice and protection of property rights in India’s legal system.
FAQs on CrPC Section 467
What is considered a valuable security under Section 467?
A valuable security includes documents representing monetary value or property rights, such as shares, bonds, or legal certificates. Forging such documents is a serious offence under this section.
Is forgery of a will punishable under this section?
Yes, forgery of a will is explicitly covered under Section 467 and attracts severe punishment including life imprisonment or imprisonment up to ten years with fines.
Can a person accused under Section 467 get bail easily?
No, offences under Section 467 are non-bailable. Bail is granted only at the court’s discretion after considering the case facts and risks.
Which court tries offences under Section 467?
Only the Sessions Court has jurisdiction to try offences under Section 467 due to the serious nature of the crime and the punishment involved.
What is the punishment prescribed under Section 467?
The punishment includes imprisonment for life or imprisonment up to ten years, along with a fine. This reflects the gravity of forgery involving valuable documents.