05 Jan 2024

Daily practice questions for CLAT - (05 Jan 2024)



A few hundred years ago many a home contained no pen and ink for the reason that no member of the household could write. In those days document was rare and a mystery. It is difficult to realise the change that has come about from that day to the 21st century. We live in a modern era and as a part of modern society we rely more on banking instruments as we consider this as the safest option, but one can never be sure with Forgery scams. Generally, the scams happen to occur online via digital mediums. Recently, the crime rate is increasing and accused/criminals and criminal minds are forging the documents via this medium. The term ‘Forgery’ means the action of forging a copy or imitation of a document, signature, banknote or work of art. Forgery is a white-collar crime. A forgery is a fraudulent act of creating a copy of a document, signature, a banknote or work of authorship that is intended to be passed off as genuine when it is not. Forgery in simple terms is fabricating and producing false document or part of the document to cause harm to an individual. Most common Forgery includes documents, work of arts, money, signatures in cheques or cheque fraud. The term, in general, is termed as ‘drawing’ and not ‘writing’. Forgery is a criminal offence and is defined under section 463-477A of the Indian Penal Code, 1860. It deals with offences relating to Forgery, forged documents, and making or possessing counterfeit seal, etc with intent to commit Forgery. The code defines Forgery as the making of the false document in order that it may be used as genuine. This is also cognizable, a no compoundable, non- bailable offence. Imprisonment awarded to the accused is a maximum of 2 years. Section 463 of the Indian Penal Code defines Forgery as whoever makes any false record or document or even a part of false record document with an intention to cause damage or injury or making false document has to have done Forgery. In a landmark case Sushil Suri v C.B.I, the Supreme Court laid down the basic elements of Forgery in section 463 of IPC which are the making of a false document or part of it; such making should be with the intent to cause damage or injury to the public or any person or; to support any claim or title or; to cause any person to part with property or; to commit fraud or that fraud may be committed. A most common form of Forgery includes signing someone’s name on cheques, documents, data, objects, contracts, certificates, licenses, etc.

Question1:- Manu was a software engineer who recently lost his job due to allegations of sexual harassment which were made against him by several female employees. He was in desperate need of money in order to repay the loan which he had borrowed. However, Manu could not find any job because of the allegations of sexual harassment against him. Manu creates a false identity under the name of Gaurav and submits fake documents in order to get a job at a reputed firm. When they find out that Manu has submitted false documents, the firm files a suit against Manu. Will the firm succeed?
  • A. Yes. The firm will succeed in their suit against Manu because he has committed the offence of forgery by submitting false document and false applying for a job under a fake name.
  • B. Yes. The firm will succeed in their suit against Manu because he committed fraud by claiming to be another person in order to be gainfully employed by the firm.
  • C. No. The firm will not succeed in their suit against Manu because he was desperately in need of a job and did what was necessary in order to meet his financial needs.
  • D. No. The firm will not succeed in their suit against Manu because nothing is an offence under Indian law if the action is necessitated by a valid reason. In this case, Manu had a valid reason to apply for the job by submitting the false documents.
Answer is A is correct. As mentioned in the above passage, forgery is a criminal offence and is defined under section 463-477A of the Indian Penal Code, 1860. Forgery includes identity of Theft. Since Manu has committed the identity of theft in addition to submitting false documents, the firm will succeed in their suit against Manu. Hence, A is the correct option.
Question2:- Sagar has committed the offence of forgery by submitting false documents which claimed that he was a person below the poverty line in order to get free ration and other benefits from the government when in reality he was a gainfully employed individual with a handsome salary. The police arrest Sagar and put him in jail for committing the crime of forgery. Sagar applies for bail in order to be released from jail. Will he succeed?
  • A. Sagar will not succeed in getting bail because he does not deserve to be out of jail for the heinous crime that he has committed.
  • B. Sagar will succeed in getting bail because the Offence of forgery is a bailable offence.
  • C. Sagar will not succeed in getting bail because the offence of forgery is a non-bailable offence.
  • D. Sagar will not succeed in getting bail because he has wrongfully taken advantage of the benefits that were rightfully entitled to another individual and he must be punished for doing so in order to deter other people from committing the crime that he has.
Answer is C is correct. As mentioned in the above passage, the crime of forgery is a cognizable, non-compoundable, non-bailable offence. Therefore, Sagar will not succeed in getting bail and option C is the correct answer.
Question3:- Enna and Nemma were identical twin sisters. Enna got her license to drive a car at the age of 19. However, Nemma never made the effort to learn. At the age of 23, Nemma decided to learn how to drive and subsequently passed her driving test. Enna accompanied Nemma to get her driving license. However, there was a long line and Nemma went to use the restroom thinking that it would take a long time until her turn came. However, the line was moving quickly and Nemma was not back from the restroom by the time her number was called. Enna knew that if Nemma did not return soon, Nemma would not be granted her driving license for another month. Owing to this situation, Enna signed the forms for Nemma’s driving license. Has Enna committed the crime of forgery?
  • A. No. Enna has not committed the crime of forgery because as Nemma’s identical sister, she has the right to appear or sign documents on her behalf.
  • B. Yes. Enna has committed the crime of forgery because she had the intention to cause damage or injury to the public.
  • C. No. Enna has not committed the crime of forgery because she did not have the intention to commit fraud.
  • D. Yes. Enna has committed the crime of forgery because she has committed identity theft by pretending to be Nemma and she falsified Nemma’s signature while signing the document.
Answer is D is correct. As mentioned in the passage, the term ‘Forgery’ means the action of forging a copy or imitation of a document, signature, banknote or work or art. Enna’s forged Nemma’s signature on a government document. Therefore, she has committed the crime of forgery. Hence, D is the correct option.
Question4:- Rudra was in financial distress due to the reduction in his salary owing to the coronavirus pandemic. Due to this, his expenses exceeded his income and he wanted an alternative method to earn money. Rudra bought a counterfeit seal in order to print his own money. His neighbour was suspicious about Rudra and called the police to his apartment. The police found the counterfeit seal and arrested Rudra for forgery. Is the arrest legally valid?
  • A. No. The arrest is not legally valid because Rudra did not print counterfeit currency using the seal.
  • B. Yes. The arrest is legally valid because the mere possession of the counterfeit seal is enough to incriminate Rudra for the crime of forgery.
  • C. Yes. The arrest is legally valid because the mere possession of the counterfeit seal is not enough to incriminate Rudra for the crime of forgery.
  • D. No. The arrest is not legally valid because the mere possession of the counterfeit currency is not enough to validate the arrest since forgery is not a cognizable offence.
Answer is B is correct. As mentioned in the above passage, making or possessing counterfeit seal etc with intent to commit the crime of forgery makes the person liable for the offence of forgery. Therefore, the arrest of Rudra is legally valid. Hence, B is the correct option.
Question5:- P was a 21-year-old medical aspirant who was attempting the entrance test to study medicine in a reputed college for the third time. P’s parents discovered that P had failed to clear the examination for the third time. P’s parents forged the documents in order to convince P that he has cleared the examination with flying colors. P submitted these forged documents in order to obtain a seat in the most reputed medical college in the country. When the authorities discovered that P had submitted forged documents, they filed a suit against him. Will they succeed?
  • A. No. The authorities will not succeed because P has no intention to deceive them and did not have the knowledge that he was submitting fake documents.
  • B. Yes. The authorities will succeed because P has attempted to deceive them by submitting fake documents to obtain the medical seat which rightfully belongs to another student.
  • C. Yes. The authorities will succeed because P has attempted to commit fraud and injury to the public by submitting the forged documents.
  • D. No. The authorities will not succeed because they should have filed the suit against P’s parents since they forged the documents.
Answer is A is correct. As mentioned in the passage, in a landmark case of Sushil Suri v C.B.I, the Supreme Court laid down the basic elements of Forgery in section 463 of IPC which are the making of false document or part of it and such making should be with intent to cause damage or injury to public or any person or to support any claim or title or; to cause any person to part with property or to commit fraud or that fraud may be committed. The act committed by P does not fulfil all these criteria. Therefore, he is not guilty for the offence of forgery. Hence, A is the correct option.