Indian Kanoon - Search engine for Indian Law

(47) Payments were made by Bofors to their agents in breach of their agreement with the Government of India and thereby Bofors intentionally deceived the Government of India that guns were sold at lowest price. In fact they dishonestly induced the Government of India to buy guns at a price which included component of the commission. This amounts to offence under sections 420 read with section 415 of the Indian Penal Code.

(48) Bofors resorted to forgery by dishonestly and fraudulently making documents indicating that they had terminated all their agencies but actually commissions were paid irrespective of the gun deal in question to their agents and thereby Bofors induced the Government of India to pay a price which included commission. This amounts to commission of offence under sections 463, 464, 468 and 420 of the IPC. Forgery is committed in preparing documents dishonestly and fraudulently regarding the termination of agreement of commission by resorting to using these documents for the purpose of inducing the Government of India that no middleman is involved for the gun deal in executing the contract in their favor.