IPC Section 488
Section 488 IPC – Making a false document or electronic record for cheating
Text in essence:
Whoever, with intent to cheat, makes any false document or electronic record knowing that it may be used for fraud or cheating, shall be punished.
Punishment:
Imprisonment up to 2 years, or
Fine, or
Both.
Detailed Explanation
Who can commit this offence?
Any person who creates or fabricates a document or electronic record with dishonest intent.
Essential Ingredients of the offence:
Making a false document or electronic record – This could be:
Fake contracts, bills, letters, receipts, certificates, digital/electronic records, etc.
Intent to cheat – The person must intend that someone will be deceived or defrauded using this document.
Knowledge of potential misuse – The person must know that the document or record is false and could be used to cheat someone.
Nature of Offence:
Cognizable: Police can register an FIR and investigate.
Non-bailable: Bail is not guaranteed; it depends on the discretion of the court.
Punishable up to 2 years or fine or both.
Difference from Section 420 IPC (Cheating):
Section 420 punishes cheating and dishonestly inducing delivery of property.
Section 488 punishes creating a false document or record with intent to cheat, even if cheating has not yet occurred.
In other words, 488 deals with the preparatory act, while 420 deals with actual cheating.
Example
A person creates a fake salary certificate of someone to get a bank loan. Even if the loan is not sanctioned yet, making the certificate with intent to cheat falls under Section 488 IPC.
Similarly, creating a false electronic record claiming ownership of a property to sell it illegally is punishable under this section.
✅ In summary:
Section 488 IPC targets the act of making false documents or electronic records with the intent to cheat. It punishes the preparation for fraud, even before actual cheating happens. Maximum punishment is 2 years imprisonment, fine, or both.
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