FORGERY

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FORGERY

• by
• Rahul Srivastava
• B.A.LL.B.(Honours)-VI Semester

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• Forgery is the making of a false document or
  false electronic record in order that it may be
  used as genuine.
• At common law, the making of a written
  instrument, which purports to be that which it is
  not, in order to defraud is forgery.
• (English) Forgery Act 1913- forgery is the making
  of a false document in order that it may be used
  as genuine, and in the case of seals and dies,
  mentioned in the Act, the counterfeiting of a
  seal or die.
• Substantially the same definition under IPC.

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• Ss 463 to 477A relates substantially to forgery.
• Problem of mark sheet.
• Problem of bank cheque.

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Definition of Forgery

• S.463 Forgery.- Whoever makes any false documents
  or false electronic record 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.

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Elements of Forgery

• The making of a false document or false
  electronic record or part of a document or
  electronic record and
• Such making should be with intent-
• To cause damage or injury to the public or to any
  person, or
• To support any claim or tittle,or
• To cause any person to part with property, or
• To cause any person to enter into any express or
  implied contract, or
• To commit fraud or that fraud may be committed

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Definition in S.463 is Subject To S.464

• Fraudulently and Dishonestly-essential
  elements.
• Whichever of the intents in s.463 may be
  applicable, the act itself must be done
  dishonestly or fraudulently to sustain a
  conviction for forgery.- Emperor v. Abdul Hamid
  1944 Lah.
• Where there is intention to deceive and by means
  of the deceit to obtain an advantage, there is
  fraud and if the document is fabricated with
  such intent , it is forgery.- Empress v.
  Mohammad Saeed Khan(1899)

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Makes any false document or false electronic
record or part of a document or electronic record

• Makes-to create or bring into existence
• Maker as well as part maker-guilty,if with
  the required intent.
• Part maker- Present or not, at the time of
  completion-gt immaterial .
• Mere preparation- neither forgery nor abetment of
  forgery

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with intent to cause damage or injury to the
public or to any person

• It is the intention which constitutes the gist
  of offence it is immaterial whether damage,
  injury or fraud is actually caused or not-
  Krishnarao Raojirao v. St. of M.P. (1953)
• Telegram or post received at home.
• if an accused, in order to make good a false
  defence and to cause justice to miscarry,
  fabricates a document by putting false dates and
  spurious postmarks on an envelops, he does it
  with one of the intent referred to in s.463. he
  makes a false document with the intention of
  causing injury to the complainant or to the
  public. Crown v. Ahmad Khan (1943)

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with the intent to support any claim or title

• claim- not limited to property- any claim e.g.
  a claim to the custody of a child, or a claim to
  a woman as a claimants wife, claim to be
  admitted to a attendance at a law class in
  faculty or examination or to claim on any
  immovable or any other property.
• If, in order to support even a true claim or a
  genuine title, a false document is created, it is
  forgery.

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with intent to cause any person to part with
property

• Common form of intent under forgery.
• (g),(h),(i)- support property
• All illustration except illus (k).

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with intent to commit fraud or that fraud may be
committed

• Element of fraud- most essential
• Making of false document does not amount forgery
  unless done with the intent to defraud.
• Unless there is an element of fraud , the making
  of the false document does not amount to be
  forgery, the reason being that one of the
  intents, contemplated by s463, is that the false
  document must be made with intent to commit fraud
  or that fraud may be committed- Nandrama
  Agarwalla v. St of WB(1957)
• in the absence of element of fraud , no case of
  forgery can, therefore, be said to have been made
  out.- Tul Mohan ram v. State (1981)

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According to s464 false document can be made in
following 3 ways-

• By making, signing, sealing, or executing a
  document or
• By alteration of a document or
• By causing a person, who is innocent of the
  contents, or nature of the alteration, of a
  document, to sign it.
• Must be done with fraudulent or dishonest
  intention.

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Reading ss463 and 464 together, the following
elements are necessary to constitute the offence
of forgery

• Making of a false document in one of the above
  three ways specified in s.464(a false document is
  not made until it has been executed or altered)
• Accompanying dishonest or fraudulent intention,
  i.e., an intention by means of the making to
  cause wrongful loss or wrongful gain to someone
  or injuriously to deceive someone, though the
  person in question need not necessarily be the
  same person who will ultimately suffer from the
  forgery,
• It is the execution of the document which is
  false, the specific intention therein stated and
  referred to above and
• A principal or ulterior intent of one or other of
  the kinds specified in the preceding s.463.
• The words fraudulently and dishonestly must be
  read in the same sense as defined in the IPC in
  ss 24 and 25, respectively.

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Thank You