Indian Penal Code, 1860
Section 474
repealedHaving possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine
Whoever has in his possession any document or electronic record, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
Why this exists
This section targets the moment just before a forged document is actually used -- someone caught holding a fake court record or register, clearly planning to pass it off as real, can be prosecuted even before they've actually used it, closing a gap that would otherwise let people escape by simply not yet having deployed the fake. The IPC was repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023, which now governs these offences.
Common misconceptions
- Myth: You can only be punished once you actually use a forged document.
Fact: Simply possessing a forged document of this type, knowing it's fake and intending to use it as genuine, is enough for prosecution -- actual use isn't required.