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Principle: When a Person Falsifies Something with the Intent to Deceive Another Person Or Entity is Forgery and is a Criminal Act. - Legal Reasoning

MCQ

The principle is to be applied to the given facts and to choose the most appropriate option:

Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing false writing is also considered forgery. In the case of writing to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.

Facts: John was a publisher of ancient books and papers. In one of his books on the World Wars, he gave photograph of some letters written by famous historic personalities. A researcher in history noted that in the pictures of some of the letters printed in the book, John had added some words or sentences in his own handwriting to give completeness to the sentences, so that the readers will get a clear picture of the writer’s intention. The researcher challenges the originality of those pictures and claims that the book containing the forged letters should be banned. Examine the validity of the researcher’s demand.

Options

  • The additions were made to give clarity to the original document and did not in any sense change the contents of the documents and hence there is no forgery as alleged by the researcher.

  • As forgery amounts to adding or deleting anything from an original document, the demand of the researcher is valid.

  • The additions in the letters were made by the publisher in his own handwriting would have made material alteration to the original meaning and hence amounted to forgery.

  • Allowing forged publications to be circulated among the public is as good as committing fraud on the public, so the publication should be banned.

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Solution

The additions were made to give clarity to the original document and did not in any sense change the contents of the documents and hence there is no forgery as alleged by the researcher.

Explanation:

The additions were made to give clarity to the original document and did not in any sense change the contents of the documents and hence there is no forgery alleged by the researcher.  John has only made additions to make the contents clearer. There was no intention of deceiving another person or entity. The additions did not change the sense of the original content and it was not fabricated or altered significantly. There was only intent of clarity and not to represent something which is factually incorrect. (Iqbal Singh Marwah & Anr vs  Meenakshi Marwah & Anr on 11 March, 2005)   

Concept: Law of Torts (Entrance Exams)
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