Person Accused Of Tampering With OMR Sheet Can Be Prosecuted U/S 467 IPC For Forgery Of Valuable Security: MP High Court

The Madhya Pradesh High Court recently observed that forgery with OMR Sheets would also attract the offence punishable under Section 467 IPC as an OMR Sheet comes within the meaning of 'Valuable Security' as defined under Section 30 IPC. The division bench comprising Chief Justice Ravi Malimath and Justice Vishal Mishra observed that the term 'Valuable Security' ought not to be construed strictly and that with changing times, the term shall evolve accordingly- It is relevant to notice that the Indian Penal Code was framed in the year 1860. The existence of an OMR sheet or otherwise was nowhere at that point of time. Therefore, the sum and substance of Section 467 of the IPC is to be considered in order to know whether it amounts to a valuable document or not…However, what is to be considered, is not the restrictive document that are stated under Section 467 of the Code but the meaning of the word 'Valuable Security'. In course of time, there are many such documents that would be considered as "Valuable Securities". Therefore, to restrict a valuable security purely in terms of the restriction under Section 467, in our considered view may not be appropriate. Facts of the case were that the Petitioner was accused of colluding with some government officials and other people to increase her marks in an exam conducted by the State Government for the post of a teacher. It was alleged that she was involved in tampering documents, including her OMR Sheet. Consequently, a FIR was registered against her for offences punishable under Sections 420, 120-B, 467, 468, 471, 201 IPC, Section 13(1) (d) read with 13(1) (2) of Prevention of Corruption Act, Section 120-B of the IPC, Section 65 & 66 of the IT Act, 2000 read with 120-B of the IPC and Section 3 Gha(1)(2) read with 4 of M.P. Manyata Prapt Pariksha Adhiniyam, 1937 read with Section 120-B of the IPC. Thereafter, charges were framed by the trial court. Though she challenged the same, her contentions were rejected by the lower court. Aggrieved, she filed a revision petition before the Court to challenge the framing of charge against her under Section 467 IPC. The Petitioner submitted before the Court that the charge under Section 467 IPC was not made out against her. She argued that even if the case of the Prosecution was to be accepted that there was tampering of OMR sheet, the said document would not come under the definition of 'Valuable Security' as stated in Section 467 IPC. Hence, it was pleaded that the petition be allowed and the charge framed against her for the offence punishable under Section 467 IPC be quashed. Examining the submissions of parties and documents on record, the Court opined that the petition was devoid of merit. Holding that an OMR Sheet comes within the ambit of 'Valuable Security' as defined under Section 30 IPC, the Court concluded that the lower court had rightly framed the charge under Section 467 IPC against the Petitioner- So far as the merits are concerned, we are of the considered view that Section 467 of the IPC is squarely applicable to the case of the petitioner. We do not find that she has been wrongly framed under the said section. We are of the view that there is a strong prima facie case against the petitioner for the prosecution to proceed against. With the aforesaid observation the Court decided not to interfere in the matter and accordingly, the petition was dismissed. Case Title: PREETI GAUTAM VERSUS CENTRAL BUREAU OF INVESTIGATIONCase citation: 2022 LiveLaw (MP) 256Click Here To Read/Download Order

Person Accused Of Tampering With OMR Sheet Can Be Prosecuted U/S 467 IPC For Forgery Of Valuable Security: MP High Court

Zeeshan Thomas

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