sec 409 IPC ingredients

[Sarika Aroraa]

A crl case u/s 420 regd. in court. I had paid full amount of consideration to a broker but he sold the house to another party(regd sale deed) and didn’t give me posession/refund.The owner presented to me also wasn’t actual. So both have been chargesheeted as accused.
The sale agreement has signatures of both broker and owner(fake) on receipts of money.Will the broker be charged u/s 468, 471 or 409 IPC as well. Pls reply, need your guidance.

[Dr. Ashok Dhamija]

Section 468 IPC is forgery for the purpose of cheating. If sale agreement and/or money receipt have fake signatures, then it is forgery. If this forgery was for the purpose of cheating (as you have said), then Section 468 IPC may be applicable.

Section 471 IPC may also be applicable if such forged document has been used as a genuine document, as you have stated.

Section 409 IPC is criminal breach of trust by banker, public servant, agent, broker, etc. Usually, Section 420 IPC and Section 409 IPC are not applicable together. In the facts mentioned by you, Section 409 IPC may not be applicable but Section 420 IPC may be applicable.

This is just a tentative reply on the basis of brief summary of facts mentioned by you. For more accurate opinion, you should consult some local lawyer by showing him relevant documents and sharing full detailed facts.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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