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Forgery Offence

The document outlines various offenses related to forgery, including the making of false documents, intent to defraud, and specific punishments for different types of forgery. It defines key terms such as 'document,' 'bank note,' and details the consequences for forging wills, judicial documents, and stamps, with penalties ranging from three years to life imprisonment. Additionally, it addresses related offenses such as uttering false documents and procuring execution of documents by false pretenses.
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0% found this document useful (0 votes)
3 views4 pages

Forgery Offence

The document outlines various offenses related to forgery, including the making of false documents, intent to defraud, and specific punishments for different types of forgery. It defines key terms such as 'document,' 'bank note,' and details the consequences for forging wills, judicial documents, and stamps, with penalties ranging from three years to life imprisonment. Additionally, it addresses related offenses such as uttering false documents and procuring execution of documents by false pretenses.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

342.

Forgery
Forgery is the making of a false document with intent to defraud or to deceive.
343. Document
In this division of this Code, “document” does not include a trademark or any other
sign used in connection with articles of commerce though they may be written or
printed.
344. Bank note and currency note
In this division of this Code, “bank note” and “currency note” include any notes, by
whatever name called, which are legal tender in the country in which they are issued.
345. Making a false document
Any person makes a false document who—(a)makes a document purporting to be what
in fact it is not;

(b)alters a document without authority in such a manner that if the alteration had been
authorised it would have altered the effect of the document;

(c)introduces into a document without authority while it is being drawn up matter


which if it had been authorised would have altered the effect of the document;

(d)signs a document —

(i) in the name of any person without his or her authority whether such name is or is
not the same as that of the person signing;

(ii)in the name of any fictitious person alleged to exist, whether the fictitious person is
or is not alleged to be of the same name as the person signing;

(iii)in the name represented as being the name of a different person from that of the
person signing it and intended to be mistaken for the name of that person;

(iv)in the name of a person personated by the person signing the document, if the effect
of the instrument depends upon the identity between the person signing the document
and the person whom he or she professes to be.
346. Intent to defraud
An intent to defraud is presumed to exist if it appears that at the time when the false
document was made there was in existence a specific person, ascertained or
unascertained, capable of being defrauded by it, and this presumption is not rebutted
by proof that the offender took or intended to take measures to prevent such person
from being defrauded in fact, nor by the fact that he or she had, or thought he or she
had, a right to the thing to be obtained by the false document.
Chapter XXXIV
Punishment for forgery
347. General punishment for forgery
Any person who forges any document commits an offence which, unless otherwise
stated, is a felony and is liable, unless owing to the circumstances of the forgery or the
nature of the thing forged some other punishment is provided, to imprisonment for
three years.
348. Forgery of wills, etc.
(1)Any person who forges any will, document of title to land, judicial record, power of
attorney, bank note, currency note, bill of exchange, promissory note or other negotiable
instrument, policy of insurance, cheque or other authority for the payment of money by
a person carrying on business as a banker is liable to imprisonment for life.(2)The court
may, in addition, order that the forged document referred to in subsection (1) shall be
forfeited to the Government.
349. Forgery of judicial or official document
Any person who forges any judicial or official document is liable to imprisonment for
ten years.
350. Forgery of and other offences in relation to stamps
Any person who—(a)forges any stamp, whether impressed or adhesive, used for the
purposes of revenue or accounting by a Government department;(b)without lawful
excuse, the proof whereof shall lie upon him or her, makes or has knowingly in his or
her possession any die or instrument capable of making the impression of any such
stamp;(c)fraudulently cuts, tears in any way or removes from any material any stamp
used for purposes of revenue or accounting by the Government, with intent that
another use shall be made of the stamp or any part of it;(d)fraudulently mutilates any
stamp referred to in paragraph (c) of this section with intent that another use shall be
made of the stamp;(e)fraudulently fixes or places upon any material or upon any stamp
referred to in paragraph (d) of this section any stamp or part of a stamp which whether
fraudulently or not has been cut, torn or in any way removed from any other material
or out of or from any other stamp;(f)fraudulently erases or otherwise either really or
apparently removes from any stamped material any name, sum, date or other matter or
thing written on it with the intent that another use shall be made of the stamp upon
such material; or(g)knowingly and without lawful excuse, the proof of which shall lie
upon him or her, has in his or her possession any stamp or part of a stamp which has
been fraudulently cut, torn or otherwise removed from any material, or any stamp
which has been fraudulently mutilated, or any stamped material out of which any
name, sum, date or other matter or thing has been fraudulently erased or otherwise
really or apparently removed, is liable to imprisonment for seven years.
351. Uttering false documents
Any person who knowingly and fraudulently utters a false document commits an
offence of the same kind and is liable to the same punishment as if he or she had forged
the thing in question.
352. Uttering cancelled or exhausted documents
Any person who knowingly utters as and for a subsisting and effectual document, any
document which has by any lawful authority been ordered to be revoked, cancelled or
suspended, or the operation of which has ceased by effluxion of time or by death, or by
the happening of any other event commits an offence of the same kind and is liable to
the same punishment as if he or she had forged the document.
353. Procuring execution of documents by false pretences
Any person who by means of any false and fraudulent representation as to the nature,
content or operation of a document, procures another to sign or execute the document
commits an offence of the same kind and is liable to the same punishment as if he or she
had forged the document.
354. Obliterating crossings on cheques
Any person who, with intent to defraud—(a)obliterates, adds to or alters the crossing
on a cheque; or(b)knowingly utters a crossed cheque, the crossing on which has been
obliterated, added to or altered,commits a felony and is liable to imprisonment for
seven years.
355. Making documents without authority
Any person who, with intent to defraud or to deceive—(a)without lawful authority or
excuse, makes, signs or executes, for or in the name or on account of another person,
whether by procuration or otherwise, any document or writing; or(b)knowingly utters
any document or writing so made, signed or executed by another person,commits a
felony and is liable to imprisonment for seven years.
356. Demanding property upon forged testamentary instruments
Any person who procures the delivery or payment to himself or herself or any other
person of any property or money by virtue of any probate or letters of administration
granted upon a forged testamentary instrument, knowing the testamentary instrument
to have been forged, or upon or by virtue of any probate or letters of administration
obtained by false evidence, knowing the grant to have been so obtained, commits an
offence of the same kind and is liable to the same punishment as if he or she had forged
the document or thing by virtue of which he or she procures the delivery or payment.
357. Purchasing forged bank or currency notes
Any person who, without lawful authority or excuse, the proof of which lies on him or
her, imports into Uganda or purchases or receives from any person, or has in his or her
possession, a forged bank note or currency note, whether filled up or in blank, knowing
it to be forged, commits a felony and is liable to imprisonment for seven years.
358. Falsifying warrant for money payable under public authority
Any person who, being employed in the public service, knowingly and with intent to
defraud makes out or delivers to any person a warrant for the payment of any money
payable by public authority, for a greater or less amount than that to which the person
on whose behalf the warrant is made out is entitled, commits a felony and is liable to
imprisonment for seven years.
359. Falsification of register
Any person who, having the actual custody of any register or record kept by lawful
authority, knowingly permits any entry, which in any material particular is to his or her
knowledge false, to be made in the register or record, commits a felony and is liable to
imprisonment for seven years.
360. Sending false certificate of marriage to registrar
Any person who signs or transmits to a person authorised by law to register marriages,
a certificate of marriage, or any document purporting to be a certificate of marriage,
which in any material particular is to his or her knowledge false, commits a felony and
is liable to imprisonment for seven years.
361. False statements for registers of births, deaths and marriages
Any person who knowingly and with intent to procure the same to be inserted in a
register of births, deaths or marriages makes any false statement touching any matter
required by law to be registered in any such register, commits a felony and is liable to
imprisonment for three years.

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