Forgery

Introduction

Section 463 contained in Chapter XVIII of the Indian Penal Code, 1860 (IPC) defines the offence of Forgery. The act of forgery stands for attesting fake signatures on documents or preparing fake documents with the intent to cause damage.

• The reproduction of documents and photocopies are not does fall under the offence of forgery as they do not require any additional alteration that is unauthorized.

Section 463 of IPC

• This Section states that whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Essentials of Section 463 of IPC

• The document must be fake or false.
• Must cause injury to any person or to the public.
• Dishonestly alters anyone’s claim or title.
• Affects anyone’s title on property.
• Cause someone to give up his possession.
• It is a non-cognizable, non-compoundable bailable offence.

Defences

• Absence of Mens Rea – Wrongful intent to defraud a person is primary essential of the section. Hence, dearth of malicious intent to commit forgery is a defense.
• Coercion – Attempting coercion upon a person or on whom he is interested may not lead to meeting of minds and lack consent.
• Lack of Information – Incase the culprits have no idea about the documents are fraud or fake, they have committed no offence of forgery.

Making A False Document

• Section 464 of IPC deals with the making of false document.
• As per this Section, a person is said to make a false document or false electronic record—
  • When a person with proper malicious intention makes, signs, seals, executes, transmits any document.
  • When a person without any lawful authority alters any document.
  • When someone dishonestly attempts any other person to do the same things for them.

Punishment for Forgery

• Section 465 of IPC deals with the punishment for forgery.
• It states that whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Forgery of Record of Court or of Public Register, etc.

• Section 466 of IPC deals with the forgery of records of court or of any public register etc.
• It states whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Forgery of Valuable Security, will etc.

• Section 467 of IPC deals with the forgery of valuable security, will etc.
• It states that whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Forgery for the Purpose of Cheating

• Section 468 of IPC deals with forgery for the purpose of cheating.
• It states that whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Forgery for Purpose of Harming Reputation

• Section 469 of IPC deals with forgery for the purpose of harming reputation.
• It states that whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Forged document

• As per Section 470 of IPC, a false document or electronic record made wholly or in part by forgery is designated as a forged document or electronic record.

Case Laws

• In Krishna Lal v. State (1976), the Supreme Court held that the accused was declared to forge his signature as payee to receive the post from the postman.
• In Inder Mohan Goswami and Another v. State of Uttaranchal and Ors., (2007), the Supreme Court held that the Power of Attorney was declared to be abused by the accused hence it was termed as forgery.
• In Sushil Suri v. CBI and Anr. (2011), the Supreme Court determined that for the offence of forgery under section 463, an element of fraud is essential.
• In Swapna Patker v. State of Maharashtra and Ors, (2021), the Bombay High Court stated that a fake Ph.D. degree does not fall under the list of documents covered under section 467 of IPC.