Document Law(Crime) in Nepal (Forgery and Fraud)

Forgery and Fraud are the two major forms of document crimes in Nepal that have been Criminalized by the National Penal Code.

In Nepal, a document is defined as an Impression of Thumb, a fixed Seal on a Document or Figure, Signature, Word, date, or any other content.

Further, making a False Document in Nepal refers to the following:

1. Dishonestly creating a document or electronic record to deceive others into thinking it was made by someone who didn’t make it.
2. Illegally adding, deleting, altering, or obscuring content in a document or electronic record.
3. Persuading someone to modify a document when it’s known they can’t understand its contents due to mental illness, intoxication, or deception.
4. Using an envelope, paper, or seal for a purpose other than its original intended use.

Forgery Law in Nepal – Document Crime

Forgery in Nepal is when a false document or a part of a False Document or Electronic Record is created to cause harm, injury, or damage to the public for Private Benefits or Benefits of Others.

The Following is the Punishment in Nepal for Forgery Crimes:

1. If the Document Crime of Forgery is a document authenticated by the President, then, they can be sentenced to Imprisonment for a term of up to 10 years and fined up to NRP 1,00,000.
2. If the Forged Document was a judgement or order of a Court, then, the Individual can be imprisoned for a term not more than eight years and fined for up to NRP 80,000.
3. If the Forged Document is for a government or a Public Document other than that of the President or Court, then the Individual committing Forgery is liable to be imprisoned for a term not more than seven years and a fine not more than NRP 70,000 or both.
4. If the Forged Document isn’t a Public or Government Document, then, they can be imprisoned for a term not more than five years and fined up to NRP 50,000.
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Furthermore, in the circumstance that the Individual has obtained property based on the Forged Document and disposed of it, they are liable to an additional fine equal to the Claimed Amount gained by the Offender.

In the condition where a person has obtained Property by committing Forgery, the person must return the Property to the concerned Owner or provide an equitable amount of Property if it has already been disposed of.

Usage of Forged Document

In Nepal, it has been prohibited to possess or use a Forged/Fake Document as Genuine. Section 277 of the National Penal Code has stated that no individual should with Knowledge or a Reason that the document could be forged, possess the document, or dishonestly use those Documents.

An Individual who carious out or causes to carry out the usage or possession of a Forged Document can be both Imprisoned and Fined as Punishment. The Offender can be imprisoned for a term not more than 3 Years and fined up to NRP 30,000.

Further, if an Individual uses a Forged Document despite having a reasonable belief that the Document is Forged is liable to be sentenced in the manner as if the individual forged such Document.

Instrument for Making Forged Document

In Nepal, an individual is made Criminally Liable for making Instruments used for producing Forged Documents. It has been prohibited to engage in Activities related to seals and instruments for Creating Forged Documents. Activities under this Section are the Purchase, Repair, Exchange, Production, or Possession of Seals and Instruments.

Further, conducting the actions is prohibited if the production of making Forged Documents intends to create Forged Documents or reasonable belief that it might be used for such Purposes.

An Individual convicted of Making or Transacting Instruments for the Production of Forged Documents in Nepal can be sentenced to Jail for a term of up to four years and a fine of not more than NRP 40,000.

Fraud Law in Nepal – Document Crime

Section 279 of the National Penal Code has prohibited Fraud in Nepal either committing it or causing to commit it.

The Purposes of Committing Fraud in Nepal are to:

1. Disqualify someone,
2. Make a statute of limitations or a designated date for presence expire,
3. Cause any form of loss, damage, injury, or gain for oneself or another person.

In other Words, Fraud happens by knowingly performing an act that falsely claims that something has occurred when in contrast, the act hasn’t happened. Therefore, the Forms of Fraud include Creating or Signing a Document with false dates, figures, or content, or forcing someone else to sign such document.

Moreover, Fraud can also include false assertion of entitlement over privileges.

An Individual who commits fraud is liable to either Imprisonment, a Fine, or Both. They can be imprisoned for up to three years or fined up to NRP 30,000 or both.

If an Individual has obtained Property by committing Fraud and disposed of such property, they are liable to an equal amount of Fine along with the Forfeiture of such Property.

However, if the Property obtained through Fraud has deprived another Individual of their Original Property, then, such Property must be returned to the Original Owner.

Use of Fraudulent Document

The Usage of a Fraudulent Document as a Genuine or Real Document has been strictly prohibited by Section 280 of the National Penal Code.

The Section provides that if an individual has knowledge or a reasonable belief that a document is Fraudulent, use the fraudulent document as a Real/Genuine one.

Further, if the Individual is caught using Such a Document or is convicted as such, they are liable to be imprisoned and fined as if they committed the Fraud themselves.

Compensation

If any form of Loss or Damage has been caused to an Individual from any of the Crimes mentioned above, then, the Court must decide a Reasonable Compensation to be provided to the Victim.

Statute of Limitation

If a Public Document has been forged in Nepal, the Statute of Limitation for filing a Complaint lies two years from the Date of Knowledge of the Commission of the Offence.

However, if other Documents have been forged or fraudulently produced or used, then the Statute of Limitation is six months from the Date of Knowledge of the Commission of the Offence.