344. General punishment for forgery
Any person who forges any document is guilty of an offence and is liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for a term not exceeding three years.
345. Forgery of wills, etc.
(1) Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, is liable to imprisonment for a term not exceeding 10 years and the court may in addition order that any such document as aforesaid shall be forfeited to the State. (2) In this section, "document of title to land" includes any deed, diagram, plan, register or instrument in writing being or containing evidence of title, or of any part of the title or to any interest in or arising out of any land, or any authenticated copy thereof.
346. Forgery of judicial or official documents
Any person who forges any judicial or official document is liable to imprisonment for a term not exceeding 10 years.
347. Forgery, etc. of stamps
Any person who (a) forges any stamp, whether impressed or adhesive, used for the purposes of revenue or accounting by any Government department; (b) without lawful excuse, the proof whereof shall lie upon him, makes or has knowingly in his possession any die or instrument capable of making the impression of any such stamp; (c) fraudulently cuts, tears in any way, or removes from any material any stamp used for purposes of revenue or accounting by any Government department, with intent that another use shall be made of such stamp or any part thereof; (d) fraudulently mutilates any such stamp as last aforesaid, with intent that another use shall be made of such stamp; (e) fraudulently fixes or places upon any material or upon any such stamp or part of a stamp as last aforesaid any stamp or part which whether fraudulently or not has been cut, torn, or in any way removed from any other material or out of or from any other stamp; (f) fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date, or other matter or thing whatsoever written thereon with the intent that another use shall be made of the stamp upon such material; or (g) knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date, or other matter or thing has been fraudulently erased or otherwise really or apparently removed, is liable to imprisonment for a term not exceeding seven years.
348. Uttering false document
Any person who knowingly and fraudulently utters a false document is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the thing in question.
349. Uttering cancelled or exhausted documents
Any person who knowingly utters as and for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.
350. Procuring execution of documents by false pretences
Any person who, by means of any false and fraudulent representations as to the nature, contents, or operation of a document, procures another to sign or execute the document, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.
351. Altering crossings on cheques
Any person who, with intent to defraud (a) obliterates, adds to, or alters the crossing on a cheque; or (b) knowingly utters a crossed cheque, the crossing on which has been obliterated, added to, or altered, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
352. Making documents without authority
Any person who, with intent to defraud (a) without lawful authority or excuse, makes, signs, or executes, for or in the name or on account of another person, whether by procuration or otherwise, any document or writing; or (b) knowingly utters any document or writing so made, signed, or executed by another person, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
353. Demanding property upon forged testamentary instruments
Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document or thing by virtue whereof he procures the delivery or payment.
354. Purchasing forged notes
Any person who, without lawful authority or excuse, the proof of which shall lie on him, imports into Botswana, or purchases or receives from any person, or has in his possession, a forged bank note, or currency note, whether filled up or in blank, knowing it to be forged, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
355. Falsifying warrants for money payable under public authority
Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by any public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
356. Falsification of register
Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
357. Sending false certificate of marriage to registrar
Any person who signs or transmits to a person authorized by law to register marriages, a certificate of marriage, or any document purporting to be a certificate of marriage, which in any material particular is to his knowledge false, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
