Please give background details of the issue.
What happens if FIR is inaccurate wrf to the details of the crime?
A. If an FIR captures inaccurately the complaint wrf to, person , ID number etc, how can it be rectified? B. If a NBFC commits forgery by altering records such as loan agreement & loan applicatiion, can it be criminal breach of trust? C.Is a loan agreement valuable security? D. If a loan agreement is tampered by a NBFC to authorise a higher EMI and shorter tenure, against an existing customer, will it come under ipc 467? E. If a loan agreement is created by forged documents against a non existent customer by the NBFC, to authorise themselves to receive a payment, will it be an offence under ipc 467. F. If an FIR is filed, and some sections of IPC have been left out by police, what is the process to get the police to add it in the chargesheet? G. Can I as the complainant hire a independent lawyer to argue my case above what the public prosecutor does? H. What is the procedure for authorizing a lawyer to fight my case to argue on my behalf in court after FIR is filed so that appropriate sections of IPC are added?
Asked 11 months ago in Criminal Law
Religion: Hindu
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5 Answers
1)
As per the Punjab and Haryana High Court , the contents of an FIR could not be amended.
-2) , you can inform the I.O of the case for the said mistakes in the FIR , and before filing the charge sheet the I.O. can corrected these mistakes legally.
3) file FIR against NBFC for Forgery .it has been made an offence and the punishment for the forgery has been provided under Section 465 of the Indian Penal Code, 1860 which states that whoever commits forgery shall be punished with imprisonment for a term which may extend to 2 years or fine or both
4) section 467 IPC If someone forges a document that pretends to be a valuable security, will, adoption authority, or any authorization for financial transactions or property exchanges, they can be punished with life imprisonment or imprisonment for up to ten years, and may also be fined.
5) loan agreement is valuable security
6) The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
A. Once an FIR is registered , the contents cannot be changed.
- If there is inaccurate contents which is necessary for the FIR , then the complainant can give this information to the I.O. of the case before filing the charge sheet.
B. Yes, it can b a criminal breach of trust and forgery under section 465 of IPC.
C. Yes
D. Yes
E. Yes
F. The complainant should submit the proofs for the left offence during the period of investigation of the case by the I.O.
- Further, after getting such new grounds of offence , the I.O. can produce the same before the court for adding new sections , even at the time of framing of charge.
G. Yes, you have your right to engage a private lawyer for proving your case and to get relief from the court.
H. Your lawyer can file authorization paper/vakalatnama before the court on your behalf.
1. FIR cannot be amended, however during the process of investigation Police can rectify any error of FIR in their case diaries (maintained by police writing their gist and details of investigation carried out ) see section 172 CrPC and subsequent statement recorded see section 161 CrPC , if any thing remained unmentioned or some error in writing of it.
2. You can lodge a criminal complaint against the NBFC with local police about such illegal activities.
3. Loan agreement is the authentic document for the lending and it becomes the substantial documentary evidence for the loan granted.
4. Section 467 IPC states: Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
5. The police on receiving the complaint will take action based on the documentary evidence and the recitals of the complaint and would invoke the appropriate provisions of law.
6. Police may add or withdraw some charges at charge sheet stage but otherwise FIR cannot be modified.
7. You can do so only if you have filed it as a private criminal complaint directly before the magistrate court.
8. 'Victim's counsel has a limited right of assisting the prosecution, which may extend to suggesting questions to the Court or the prosecution..
You can give a supplementaary statement to police and later the sections can be added in court. Even police can file supplementary chargesheet if found any fresh offence in your additional statement
