Forgery in Pakistan refers to the production of any item which imitates or copies an original type of artwork (i.e. a signature or products logo) or design (i.e. a trademark or copyright). This includes works of art, trademarks, and more importantly with documents.
The crime of forgery is usually coupled with other acts, as the act of forgery is usually a mechanism to commit another crime (i.e. Perjury or fraud). In this article, we will cover the crime of Forgery, and the laws around it in Pakistan.
Forgery, although by itself is a substantive offence, yet it includes an element of attempt also. Normally it is done for a criminal act which follows forgery.PLD 1997 Kar. 311
The Legal Definition of Forgery in Pakistan
When we look at Forgery in Pakistan, we consider the use of Forged Documents. Pakistan Penal Code Section dafa 463 to 477 covers forgery, and states it within 3 circumstances:-
- Anyone who fraudulently makes, signs, seals or executes a document (or part of a document) by a person of authority without their knowledge or consent.
- Alters a document (or part of a document) that they have no authority over.
- Who (either by dishonesty, fraud or cheating) gets someone else arranges a document based on the information the forgerer provided.
Intention to use the document to cause injury, harm, or loss in any way, shape or form should be accompanied by the act.
Prosecution is duty bound to produce best possible evidence to prove the forgery alleged to have been committed by the accused2003 SCMR 341
The Types of Forgery covered in law
When prosecuting for Forgery, a Criminal Lawyer in Pakistan first identifies the following factors
- The Production of Forged Documents.
- Possession of Forged Documents.
- Making or possessing items that can facilitate the production of forged docuemtns (i.e. stamps, seals, etc.).
- Falsification of accounts.
- The use of fake documents as genuine or original.
Men may lie in order to support their causes but documents cannotPLD 1996 Lah 171
What you should do if you fall victim to this crime
If this has happened to you, you should seek immediate legal assistance, and inform all relevant organizations (such as banks if it involves your bank details, credit cards, or cheques) and agencies (the Police, and the FIA Cybercrime wing if this has happened online as a cybercrime). You should submit an FIR without delay, and pursue the matter rigorously.
Whether you’re a victim or someone who is wrongfully being prosecuted for this crime, we can help. If you require assistance from one of our expert criminal lawyers in Pakistan, Whatsapp us on 0308 551 0031 (or 0092 308 551 0031 if you are contacting us from outside of Pakistan). Alternatively, fill out this form below and one of our representatives will get back to you.
Mere possession of forged documents by itself is not an offence unless the same are used for the purpose of cheating or fraudulently used as genuinePLD 2004 Lah 787