The act of making a false declaration did not constitute an offence under sections 467, 468, 471 of Indian Penal Code.

ORDER :

Shri Umesh Sharma, learned counsel for the petitioner. Shri Mukesh Kumawat, learned counsel for the respondent-State. With the consent of the parties, this petition is heard finally.

2. This petition under section 397 of Criminal Procedure Code has been preferred against the order dated 16-2-2016 passed by the learned trial Court in S.T. No. 64/2016.

3. Vide the impugned order charges for offences under sections 467, 468 and 471 and 420/511 of Indian Penal Code have been framed against the petitioner.

4. Relevant facts, briefly stated, are that, in order to get ‘Protsahan Rashi’ under the scheme floated by Govt. of Madhya Pradesh, the petitioner filled up a form in the prescribed proforma with a declaration that the information being furnished by her is correct to her knowledge and that she has not received any ‘Protsahan Rashi’ from the Government. However, it was revealed that the petitioner had already received ‘Protsahan Rashi’ with regard to State Civil Services Preliminary Examination-2013 conducted by the Madhya Pradesh Public Service Commission, in which she appeared as a candidate with Roll No. 157542. Allegedly, the information with regard to appearing in the preliminary examination was given by the petitioner in para-7 of the proforma, however, in the declaration, she falsely stated that she has not received ‘Protsahan Rashi’.

5. Learned counsel for the petitioner submits that if all the allegations made against the petitioner are accepted in entirety on the face value, still the offences under sections 467, 468 and 471 of Indian Penal Code are not made out because that requires ‘making of a false document’ as defined in section 464 of Indian Penal Code and that making of a false declaration does not amount to ‘making of a false document’.

6. In response, learned counsel for the State submits that the petitioner had made a false declaration in the form submitted by her for getting ‘Protsahan Rashi’, therefore, the case is squarely covered within the mischief of sections 467, 468 and 471 of Indian Penal Code.

7. Heard the learned counsel for the parties and perused the record. In Mohd. Ibrahim vs. State of Bihar, (2009) 8 SCC 751, Hon’ble the Apex Court has considered the applicability of sections 464, 467 and 471 of Indian Penal Code. Paras 10 to 14 of the report which are relevant in this regard run as under :

“10. Section 467 (insofar as it is relevant to this case) provides that whoever forges a document which purports to be a valuable security, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Section 471, relevant to our purpose, provides that whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.

11. Section 470 defines a forged document as a false document made by forgery. The term “forgery” used in these two sections is defined in section 463. Whoever makes any false documents with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into express or implied contract, or with intent to commit fraud or that the fraud may be committed, commits forgery.

12. Section 464 defining “making a false document” is extracted below :

“464. Making a false document. — A person is said to make a false document or false electronic record — First. — Who dishonestly or fraudulently — (a) makes, signs, seals or executes a document or part of a document; (b) makes or transmits any electronic record or part of any electronic record; (c) affixes any digital signature on any electronic record; (d) makes any mark denoting the execution of a document or the authenticity of the digital signature, with the intention of causing it to be believed that such document or a part of docume