Court rules no offence under Section 471 RPC as petitioner, a minor, lacked knowledge or reason to believe document was forged
In a significant judgment delivered on October 7, 2026, the Jammu & Kashmir and Ladakh High Court, presided over by Justice Sanjay Dhar, quashed criminal proceedings against Ankush Sharma, who was accused of using a forged Permanent Resident Certificate (PRC) for recruitment in the Jammu and Kashmir Police. The case stemmed from allegations that the petitioner had produced a forged PRC to secure a constable position during a special recruitment drive held in August 2011.
The prosecution's case was based on the discovery that the PRC submitted by Sharma was forged. Investigation revealed that the forgery was orchestrated by the petitioner's maternal grandmother, Smt. Shanti Devi, in connivance with a Patwari, Ravi Singh. Crucially, the petitioner was only 13 years old at the time the forged certificate was prepared and had no involvement in the forgery.
The court examined the essential ingredients required to constitute an offence under Section 471 of the Ranbir Penal Code (RPC), which penalizes the use of forged documents as genuine. The judgment clarified that for conviction under this section, it must be proved that the accused: (i) knowingly used a forged document as genuine, (ii) had knowledge or reason to believe the document was forged, and (iii) used the document fraudulently or dishonestly.
Justice Dhar referred to the Supreme Court's ruling in A. S. Krishanan v. State of Kerala (2004), emphasizing that "knowledge" and "reason to believe" are mental states requiring awareness or sufficient cause to believe the document is forged. Mere suspicion or doubt is insufficient.
The court found that the petitioner, having been adopted and raised by his maternal grandmother, a permanent resident of J&K, had no reason to doubt his status or the genuineness of the certificate. Evidence showed he resided with her in Akhnoor and had no knowledge or reason to suspect the certificate was forged. The petitioner's father was a resident of Rajasthan, but this fact alone was insufficient to infer that the petitioner knew or should have known the certificate was fake.
Accordingly, the court held that the prosecution failed to establish the crucial element of knowledge or reason to believe the document was forged. Since the petitioner was a minor at the time of the certificate's preparation and not complicit in the forgery, the offences under sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), and 471 (using forged document as genuine) of the Ranbir Penal Code were not made out against him.
The High Court quashed the challan and all proceedings against Ankush Sharma, stating that the charges were groundless and that he was entitled to discharge. The judgment reaffirms the principle that mere use of a forged document does not constitute an offence unless the accused has knowledge or reason to believe it is forged.
This ruling provides clarity on the interpretation of Section 471 RPC and protects innocent individuals, especially minors, from being wrongfully prosecuted for documents forged without their knowledge.
Bottom Line:
Offence under Section 471 RPC is not made out merely because a forged document was used as genuine; prosecution must also show that the accused knew or had reason to believe that the document was forged. Where the accused was a minor at the time of preparation of the certificate, was not involved in its forgery, and had been brought up by his maternal grandmother as her adopted son in J&K, proceedings were quashed.
Statutory provision(s):
Ranbir Penal Code Sections 420, 467, 468, 471
Ankush Sharma v. U. T. of J&K, (Jammu & Kashmir and Ladakh) : Law Finder Doc Id # 2992777
