Due to some differences between wife and husband they lived separately since 3 months. One day husband forged the signature of the wife and withdrew Rs. 10 lakhs from his wife’s account. State whether husband committed any offence, if so what will be the punishment?

Facts of the Case

• A husband and wife developed serious differences and had been living separately for the past three months.
• During this period of separation, the husband forged the wife’s signature on bank withdrawal documents/cheques.
• By using the forged signature, he withdrew ₹10 lakhs from his wife’s bank account.
• The wife had not given consent or authorization for this withdrawal.
• Upon discovery of the fraud, legal proceedings were initiated.

The issue is whether the husband is criminally liable under IPC despite the marital relationship.

Issues in the Case

1. Whether a husband can be held guilty of forgery in relation to his wife’s property?
2. Whether forging the wife’s signature constitutes an offence under Sections 463 and 465 IPC?
3. Whether withdrawal of money using forged documents amounts to cheating or dishonest misappropriation?
4. What are the applicable punishments under IPC?

Legal Principles Covered

A. Forgery — Sections 463 & 464 IPC

• Forgery means making a false document with intent to cause damage or support a claim.
• A person commits forgery if he:
  • Creates a false signature,
  • Causes another to believe that the false signature is genuine, and
  • Intends to use that false document to cause wrongful loss or wrongful gain.

Here, the husband knowingly forged the wife’s signature to withdraw money.

Even though he is her husband, marriage does not grant any legal right to forge her signature or misappropriate her money.

B. Punishment for Forgery — Section 465 IPC

• Punishable with:
  • Imprisonment up to 2 years, or
  • Fine, or
  • Both.

C. Forgery for the Purpose of Cheating — Section 468 IPC

• Applies when forgery is done specifically to cheat someone.
• Punishment:
  • Imprisonment up to 7 years and fine.

In this scenario, the forgery was done specifically to cheat the bank and the wife, thereby attracting Section 468 IPC.

D. Cheating — Section 420 IPC

• Cheating and dishonestly inducing the delivery of property is punishable under Section 420 IPC.
• Ingredients:
  1. Deception
  2. Dishonest intention
  3. Inducing delivery of property
  4. Wrongful gain to the accused
  5. Wrongful loss to the victim

All ingredients apply here.

Punishment:

• Imprisonment up to 7 years and fine.

E. Criminal Breach of Trust — Section 406 IPC (additional possibility)

• If the husband had any joint access to financial instruments or entrusted documents, he may also be liable under Section 406 IPC.

Punishment:

• Imprisonment up to 3 years, or
• Fine, or
• Both.

F. No Exemption Due to Marital Relationship

The IPC does not grant immunity to spouses for offences like:

• Forgery
• Cheating
• Criminal breach of trust
• Misappropriation

Thus, the husband is liable as a full criminal offender.

Possible Judgement

Finding

The husband has committed several offences under the IPC, primarily:

• Forgery
• Forgery for the purpose of cheating
• Cheating by personation
• Dishonestly withdrawing money belonging to another person

The marital bond does not protect him, especially since they were living separately and he had no authority over her bank account.

Offences Established

1. Section 465 IPC – Forgery
2. Section 468 IPC – Forgery for cheating
3. Section 420 IPC – Cheating and dishonestly inducing delivery of property
4. Section 471 IPC – Using a forged document as genuine

Probable Punishment

Given the gravity of the offence (₹10 lakh fraud):

• Under Section 420 IPC: Up to 7 years imprisonment + fine
• Under Section 468 IPC: Up to 7 years imprisonment + fine
• Under Section 471 IPC: Same punishment as forgery (up to 7 years)

The court may award rigorous imprisonment, considering the pre-planned forgery, amount involved, and breach of trust.

Conclusion

Yes, the husband is criminally liable.
He has committed forgery, cheating, and use of forged documents, all punishable with severe imprisonment.

About lawgnan

To understand complex financial offences such as forgery, cheating, breach of trust, and misuse of signatures within family relationships, visit Lawgana.in for clear, well-structured, and exam-oriented legal analysis. Lawgana.in simplifies IPC concepts with practical illustrations, case law references, and easy explanations ideal for students, judiciary aspirants, and legal professionals. Explore detailed insights on offences like forgery of signatures, use of false documents, misappropriation, and marital financial disputes. Strengthen your legal knowledge and boost your exam preparation by accessing more such high-quality legal content exclusively on Lawgana.in.