IPC Section 113
IPC Section 113: Public servant framing an incorrect document with intent to cause injury
Text of the Section:
Section 113: A public servant who, with intent to cause injury to any person, intentionally frames an incorrect document, or intentionally omits to write any matter or makes any erasure or alteration in a document which he is required by law to prepare or serve or submit as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Detailed Explanation:
1. Who is a Public Servant?
A person who is employed in any capacity by the government, or any other authority performing public duties. This includes police officers, government clerks, revenue officers, judges, etc.
2. What is the Offence?
A public servant intentionally prepares or submits a false or incorrect document.
This can involve:
Framing a wrong document.
Leaving out important facts.
Erasing or altering contents in a legal document.
The document must be one that the public servant is required by law to prepare or submit (e.g., official reports, certificates, records).
3. Intent to Cause Injury
The public servant must have a specific intention to cause harm or injury to any person.
Without such intent, mere mistakes or errors are not punishable under this section.
4. Why is this Important?
Official documents are relied upon for legal, administrative, and personal matters.
Falsifying or altering such documents can cause serious harm, such as:
Wrong legal decisions.
Loss of property or rights.
Damage to a person's reputation.
5. Punishment
Imprisonment for up to 2 years, or
Fine, or
Both imprisonment and fine.
Example Scenario:
A government clerk intentionally alters a land ownership record to show that someone else owns a piece of land.
This document is officially required and submitted for legal purposes.
Because of this falsification, the rightful owner suffers injury (loses property rights).
The clerk can be prosecuted under Section 113 for framing an incorrect document with intent to cause injury.
Summary Table:
| Element | Explanation |
|---|---|
| Who? | Public servant |
| What? | Frames incorrect document / omits / alters |
| Why? | With intent to cause injury |
| Document type | One required by law to prepare or submit |
| Punishment | Imprisonment up to 2 years and/or fine |
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