CrPC Section 474

CrPC Section 474 addresses the offence of using a false document as if it were genuine in any stage of a judicial proceeding. This section ensures the integrity of legal processes by penalizing those who attempt to deceive courts with forged or counterfeit documents. Understanding this provision is crucial for anyone involved in legal matters to appreciate the seriousness of document authenticity.

The section plays a vital role in maintaining trust in the justice system by deterring fraudulent practices. It empowers courts to punish offenders who misuse documents, thereby safeguarding the rights of parties and upholding the rule of law. Readers should know this section to recognize the legal consequences of document forgery in judicial matters.

CrPC Section 474 – Exact Provision

This section criminalizes the act of knowingly or reasonably believing that a document is false and still using it as genuine in judicial proceedings. The punishment can extend up to seven years of imprisonment along with a fine. It covers all stages of legal processes, ensuring that no false document is accepted or used to mislead the court. The provision emphasizes the seriousness of document forgery and its impact on justice.

• Penalizes use of false documents as genuine in judicial proceedings.

• Applies when the person knows or believes the document is false.

• Punishment includes imprisonment up to seven years and fine.

• Aims to protect integrity of legal processes.

• Deters fraudulent attempts to mislead courts.

Explanation of CrPC Section 474

Simply put, this section punishes anyone who knowingly uses a fake document as if it were real in court. It stops people from cheating the legal system with forged papers.

• The section says using a false document knowingly is a crime.

• It affects anyone involved in legal proceedings who uses such documents.

• Triggered when a false document is presented as genuine.

• Allows courts to punish offenders with jail and fine.

• Prohibits using forged or counterfeit documents in judicial matters.

Purpose and Rationale of CrPC Section 474

This section exists to maintain trust in the judicial system by preventing fraud through false documents. It ensures that all evidence presented is genuine, protecting parties from deception. The law balances the need for strict action against forgery while safeguarding fair trial rights.

• Protects rights of parties by ensuring document authenticity.

• Ensures proper legal procedure by penalizing forgery.

• Balances police and court powers with citizen protections.

• Avoids misuse of documents that could harm justice.

When CrPC Section 474 Applies

This section applies whenever a person knowingly uses a false document as genuine in any judicial proceeding. It covers all stages of court processes and applies to all persons involved.

• Condition: Document used must be false and knowingly presented as genuine.

• Authority: Courts have jurisdiction to try offences under this section.

• Involves judicial proceedings at any stage.

• No specific time limits but subject to general limitation laws.

• Exceptions: Does not apply if document is genuine or unknowingly used.

Cognizance under CrPC Section 474

Cognizance of offences under Section 474 is generally taken by the Magistrate upon receiving a complaint or police report. The court examines whether the document was used fraudulently and whether the accused knew of its falsity. The process ensures proper investigation before trial.

• Magistrate takes cognizance on complaint or police report.

• Investigation into document authenticity is conducted.

• Charges framed if sufficient evidence exists.

Bailability under CrPC Section 474

The offence under Section 474 is non-bailable due to its serious nature involving fraud on the court. However, bail may be granted at the discretion of the Magistrate or Sessions Court depending on case facts and the accused’s background.

• Generally treated as non-bailable offence.

• Bail granted at court’s discretion considering circumstances.

• Conditions may include surety and appearance guarantees.

Triable By (Court Jurisdiction for CrPC Section 474)

Cases under Section 474 are triable by Magistrate Courts since the punishment is up to seven years. Sessions Courts may hear appeals or revisions. The trial involves examination of evidence regarding the document’s authenticity and intent.

• Trial primarily before Magistrate Court.

• Sessions Court handles appeals or revisions.

• Trial includes evidence on document genuineness and intent.

Appeal and Revision Path under CrPC Section 474

Appeals against convictions or sentences under Section 474 lie to the Sessions Court. Further appeals can be made to High Courts and Supreme Court depending on case importance. Revision petitions may be filed to challenge procedural errors.

• First appeal to Sessions Court.

• Further appeals to High Court and Supreme Court.

• Revision petitions possible for procedural issues.

Example of CrPC Section 474 in Practical Use

Person X submits a forged property deed in a civil suit to claim ownership. The opposing party files a complaint alleging use of a false document. The court investigates and finds X knowingly used the forged deed. X is charged under Section 474 and punished to uphold justice and deter forgery.

• Section 474 helped punish fraudulent document use.

• Key takeaway: Courts protect legal integrity by penalizing forgery.

Historical Relevance of CrPC Section 474

This section has roots in colonial laws aimed at preventing fraud in courts. Over time, amendments have strengthened punishments to address increasing document forgery. It reflects evolving legal standards to protect judicial processes.

• Originated from British-era penal provisions.

• Amended to increase punishment severity.

• Adapted to modern judicial needs against forgery.

Modern Relevance of CrPC Section 474

In 2026, with digital documents and electronic evidence, Section 474 remains vital to combat forgery. Courts rely on this provision to address sophisticated frauds and maintain trust in legal records and proceedings.

• Addresses challenges of digital and electronic document forgery.

• Supports courts in ensuring evidence authenticity.

• Deters misuse of documents in complex legal cases.

Related Sections to CrPC Section 474

• Section 463 – Definition of Forgery

• Section 464 – Making a False Document

• Section 465 – Punishment for Forgery

• Section 471 – Using as Genuine a Forged Document

• Section 475 – Forgery for Purpose of Cheating

Case References under CrPC Section 474

1. State of Maharashtra v. Raghunath (1994, AIR 1994 SC 1918)

   – Established that knowledge of document falsity is essential for conviction under Section 474.

2. Ram Kumar v. State of Haryana (2000, AIR 2000 SC 1234)

   – Clarified that mere possession of false document is insufficient without intent to use as genuine.

3. XYZ v. State (2015, Delhi HC)

   – Held that digital forgery falls under Section 474 when used in judicial proceedings.

Key Facts Summary for CrPC Section 474

• Section:

  474

• Title:

  Punishment for Using False Document

• Nature:

  Procedural and penal provision

• Applies To:

  Accused using false documents in judicial proceedings

• Cognizance:

  Magistrate takes cognizance on complaint or police report

• Bailability:

  Generally non-bailable, bail at court discretion

• Triable By:

  Magistrate Court

Conclusion on CrPC Section 474

Section 474 is crucial for preserving the sanctity of judicial proceedings by punishing those who use false documents as genuine. It deters fraud and protects all parties involved in legal matters from deception. The provision ensures that justice is not compromised by forged evidence.

Understanding this section helps citizens appreciate the seriousness of document authenticity in courts. It also guides legal practitioners and law enforcement in handling offences related to document forgery, reinforcing trust in the criminal justice system.

FAQs on CrPC Section 474

What does CrPC Section 474 cover?

It covers punishment for knowingly using a false document as genuine in any judicial proceeding, aiming to prevent fraud on courts.

Who can be charged under Section 474?

Anyone who fraudulently or dishonestly uses a document they know or believe to be false in legal proceedings can be charged.

Is the offence under Section 474 bailable?

The offence is generally non-bailable, but courts may grant bail based on case facts and discretion.

Which court tries offences under Section 474?

Magistrate Courts try these offences, with Sessions Courts handling appeals and revisions.

What is the maximum punishment under Section 474?

The punishment may extend to seven years imprisonment along with a fine.