Introduction
Forgery and identity fraud have become increasingly prevalent in Nepal, ranging from fake citizenship certificates and forged land ownership documents to counterfeit academic records, passports, and digital identity misuse. Recognizing the serious threat these crimes pose to public trust and institutional integrity, Nepal has adopted strict criminal laws with severe penalties.
Under the National Penal (Code) Act, 2074, forgery and identity fraud are treated as serious criminal offenses, often resulting in imprisonment, fines, confiscation of property, blacklisting, and long-term legal consequences.
This guide, prepared by Onesphere Law Associates, explains the legal framework governing forgery and identity fraud in Nepal, including definitions, punishments, evidentiary requirements, and how courts typically treat such offenses.
What Constitutes Forgery Under Nepali Law?
Forgery refers to the intentional creation, alteration, or use of a document or electronic record with the intent to deceive, cause loss, or obtain unlawful benefit.
Common Examples of Forgery in Nepal
- Fake citizenship certificates
- Forged land ownership (Lalpurja) or property deeds
- Counterfeit academic certificates
- Fake passports or visas
- Altered bank statements and financial records
- Forged signatures on contracts
- False birth, marriage, or divorce certificates
- Manipulated digital documents (PDFs, edited images)
All such acts fall under fake document and forgery offenses under Nepali law.
Identity Fraud (परिचय दुरुपयोग) in Nepal
Identity fraud involves the misuse of another person’s identity to gain unlawful benefits. This includes:
- Using someone else’s name or identification documents
- Impersonating another individual before authorities
- Misusing digital identities (social media, SIM cards, banking credentials)
- Submitting documents while pretending to be someone else
Identity fraud is punishable under the National Penal Code, 2074 and relevant cybercrime laws.
Applicable Laws Governing Forgery and Identity Fraud
Forgery and identity fraud-related offenses in Nepal are regulated by multiple statutes, including:
- National Penal (Code) Act, 2074
- Chapter 20: Forgery and document-related offenses
- Sections 276–279
- Electronic Transactions Act, 2063
- Digital forgery, electronic record manipulation, and online fraud
- Citizenship Act & Passport Act
- Fake citizenship or passport-related crimes
- Evidence Act, 2031
- Document verification, forensic examination, and expert testimony
Together, these laws make forgery one of the most strictly punished criminal offenses in Nepal.
Legal Definition of Document (Section 276)
Under Section 276(2)(a) of the National Penal Code, a “document” includes:
- Signatures, thumb impressions, seals
- Figures, dates, words, or any recorded content
- Electronic records and digital data
Forgery Under National Penal Code, 2074
An individual commits forgery if they deliberately create or alter a false document or electronic record with intent to cause loss, injury, or undue advantage (Section 276(2)).
Acts Constituting Forgery (Section 276(2)(b))
- Creating or altering documents to mislead others
- Unauthorized addition, deletion, or modification of content
- Inducing someone incapable of understanding to sign or alter documents
- Using documents or seals for purposes other than their original intent
Punishment for Forgery in Nepal
| Section | Nature of Forgery | Punishment |
|---|---|---|
| 276(3)(a) | Forgery of document authenticated by the President | Up to 10 years imprisonment + fine up to NPR 100,000 |
| 276(3)(b) | Forgery of court judgment or order | Up to 8 years imprisonment + fine up to NPR 80,000 |
| 276(3)(c) | Forgery of government or public document | Up to 7 years imprisonment + fine up to NPR 70,000 |
| 276(3)(d) | Forgery of other documents | Up to 5 years imprisonment + fine up to NPR 50,000 |
Additional provisions:
- Illegally obtained property must be returned
- If already disposed of, equivalent value will be recovered
- Additional fines may apply equal to the claimed amount
Using or Possessing Forged Documents
Knowingly possessing or using a forged document as genuine is a criminal offense.
Punishment:
- Imprisonment up to 3 years
- Fine up to NPR 30,000
Fraud Under Section 279 (National Penal Code, 2074)
Fraud occurs when a person knowingly deceives another to cause loss or obtain unlawful benefit by:
- Making false claims
- Using incorrect dates, figures, or content
- Inducing others to sign false documents
- Claiming rights or entitlements that do not exist
Punishment for Fraud
- Imprisonment up to 3 years, or
- Fine up to NPR 30,000, or
- Both
Property obtained through fraud must be returned or compensated.
Liability of Accomplices
Any person who knowingly assists in forgery—such as witnesses, typists, brokers, or agents—is treated as an accomplice.
Punishment:
- Up to half of the main offender’s sentence
Evidence Required in Forgery and Fake Document Cases
Nepalese courts rely heavily on evidence, including:
- Official document verification reports
- Handwriting and signature analysis
- Digital forensic and metadata reports
- Expert opinions
- Witness statements
- Police investigation records
Forgery cases are evidence-intensive, and expert testimony plays a crucial role.
Judicial Approach to Forgery Cases in Nepal
Courts treat forgery as a crime against public trust. As a result:
- Bail is rarely granted easily
- Conviction rates are high when evidence is strong
- Penalties increase if public harm or financial loss is involved
Conclusion
Forgery and identity fraud, and document manipulation are serious criminal offenses in Nepal with severe legal consequences. The National Penal Code, 2074, along with cybercrime and evidence laws, provides a robust framework to combat these crimes.
At Onesphere Law Associates, we provide expert legal advice and representation in forgery and identity fraud, and document-related criminal cases. Understanding the law is essential to protecting your rights, reputation, and future.