Hi team, I have been detained in college from Intermediate regarding my behaviour (caught by principal by forging his signature for hall ticket). Later I forged my brothers engineering certificates without his knowledge and working with those certificates in MNC company from last ten years. We two younger brothers shared all cash property without telling to my elder brother. My doubt is if my brother file a case against me regarding fake certificates and share in property. What I need to do now?
you can only file the letter to your concerned police station that your brother is threating you and blakmailing to you both that give him the share in the property otherwise he will filed the false complaint against both of you, therefore write a letter to commissioner, deputy commissioner, Asst. commissioner and your concerned police station further if you residing in outside of city then sent letter to Suprintendant of police and your concerned police station with subject in bold letter "PREVENTION FROM FALSE COMPLAINT AGINST YOU BOTH write your name and address and your brother address"
The crime committed by you is not just serious but grave and severe. Before proceeding further, you should be aware of the sections under which you can be liable. Section 465[i], 468[ii], 471[iii] & 419[iv] of India Penal Code, 1860. You should hire an expert for this case. Also if you are sure that your brother will file an FIR against you regarding the forged documents. Before he could do so, you can file an FIR first stating that he is threatening to file a fraud case against you.
Even a case is meted out against you, then you can try and show that you did not have the mens rea (intention) to commit the crime (which is hard to prove). Or you can mislead the evidence by proving that you did not do the forgery. Yet again it is a severe crime, as it is the duty of both the parties to come with clean hands before the court.
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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.
Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
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