Forgery Under IPC

Coverage of this Article

KEY TAKEAWAYS

-Forgery is a type of white-collar crime that involves the fabrication or material alteration of a legal document with the goal of deceiving someone.

INTRODUCTION

-A forgery is a criminal conduct in which someone tries to change or fake a document's content or actual signatures with the intent of fooling another person's entity or identity.

FURTHER DETAILS

-Forgery refers to the creation of a fictitious or fake document, as well as the unauthorized repetition of information. A forgery is a deceptive act that involves creating a duplicate of a document, checks, written bonds, signatures, works of art, and property markings, among other things. 

TYPES OF FORGERY

-The act of replacing one's signature is known as signature forging. Many techniques, such as tracing, are applied to accomplish this.

ELEMENTS

-Fake document or electronic record creation.

CASE LAW

-Within the case of Rama Rao vs Narayan[AIR 1969 SC 724, (1969) 71 BOMLR 696, 1969 CriLJ 1064, (1969) 1 SCC 167, 1969 3 SCR 185], it was decided that the creation of a false document must be coupled with the purpose to inflict public harm, engage in a contract, or conduct fraud in order to fall under section 463 of the Indian Penal Code.

Making a fake document (Section 464)

-When someone dishonestly or fraudulently creates a fake document or electronic record, or signs or executes a document, or makes designating markings on a document with the purpose that the authority is aware of it and has affixed it.CASE LAW-State Of U.P v. Ranjit Singh[AIR 1999 SC 1201]

-The respondent who was a stenographer of a judge of AllahabadHigh Court was charged for fabricating forged bail order for accused Khelawan. The High Court had held that since the accused hasn’t denied the mail order, the same cannot be said to constitute a document and the ingredients of the offense under Sections 466, 468, IPC have not been satisfied.

To hurt or injure someone.

-The core of this crime is the intent to inflict any harm or injury by generating a fraudulent paper or electronic record.

To substantiate a claim or title

-The term "claim" does not just refer to a claim to property; it also refers to a claim to custody of children or a married woman, as well as claims to be admitted as a student to any course of study.

Intention to defraud someone.

-The crime of forgery is defined as a fraud with the aim to deceive or by any means of deception to gain an advantage. If a document is created by fraud with such a goal, the crime of forging is committed.

Forgery is punishable under- Section 465

-This section discusses the penalty for forgery, which is defined as the creation of a fraudulent document or portion of a document with the aim to inflict harm or injury, as defined under section 463 of the IPC. As a result, anyone who commits forgeries faces up to two years in prison or a fine, or both. And this offence is not compoundable, cognizable, bailable, or triable by a main category justice.

CASE LAW

-The Supreme Court declared in the case of Sheila Sebastian vs Jawaharaj [CRIMINAL APPEAL NOS. 359-360 OF 2010],that the components of section 463 must be met in order to convict an accused under section 465.

Forgery of a court or public register record is punishable under- Section 466

-This section pertains to situations in which a person falsifies a document or electronic record, or seems to be a record that should have been provided by birth. 

Section 467- Forgery of valuable securities, wills, and other documents

-The offence described in this section is a more serious version of the one described in the previous section. Offenses involving property and paperwork." 

Forgery with the intent to defraud, Section 468

-This provision states that anybody who commits forgery with the intent to use a forged document or electronic record for the purpose of cheating is subject to imprisonment of either sort for a duration up to seven years, as well as a fine.

CASE LAW

-The main fact in the case of State of Orissa v. Rabindra Nath Sahu [2002 CriLJ 2327, 2002 I OLR 309],was that the accused committed forgery with the intent to defraud, not that he committed forgery to make him subject to punishment under section 468. If it is proven that his aim in using the fake document was to defraud, he will be held accountable.

Section 469-Forgery for the aim of harming name

-This section states that anyone who forges a document or electronic record with the intent to harm someone's name will be tortured with imprisonment of either description for a term that can be extended to three years, as well as a fine, and that the offence will be cognizable, bailable, and triable by top-notch justice.

Section 470- forgery or falsification of a paper or electronic record

-This section discusses the forgery of a document. So, if a document is forged in part or in whole by casting, it is referred to as a forged document or electronic record.

CONCLUSION

-Frauds have grown more widespread in recent years, as more crimes involving papers are now being reported for personal benefits.

KEY TAKEAWAYS

• Forgery is a type of white-collar crime that involves the fabrication or material alteration of a legal document with the goal of deceiving someone.
• Section 464 of the IPC applies to the forgery offense established in section 463.
• Section 464 specifies that the conduct should be carried out fraudulently and lays forth the conditions that must be met, as well as designating a document as forged and false.
• The offense is punishable by imprisonment for up to two years and a fine under Section 465 of the IPC.
• Sections 466 to 469 of the IPC apply in circumstances when forgery is perpetrated in an aggravated manner. The prosecution has the burden of proof to show the accused guilty beyond a reasonable doubt.

INTRODUCTION

A forgery is a criminal conduct in which someone tries to change or fake a document's content or actual signatures with the intent of fooling another person's entity or identity. Photocopies and reproductions, on the other hand, are not deemed forgeries unless they are altered in some way-Sections 463 through 477A of the Indian Penal Code 1860 deal with forgery.Section 101 of the Evidence Act, which provides that the complainant bears the burden of proof. The offenses and punishments are described in the sections. Forgery, falsified documents, counterfeit currencies, and their possession are among the offenses listed.

"Whoever makes any false document or electronic record, or part of a document or electronic record, with the 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 the intent to commit fraud or that fraud may be committed, commits forgery," according to IPC section 463.

FURTHER DETAILS

Forgery refers to the creation of a fictitious or fake document, as well as the unauthorized repetition of information. A forgery is a deceptive act that involves creating a duplicate of a document, checks, written bonds, signatures, works of art, and property markings, among other things. Forgery is performed by someone who intends to inflict harm, and deception is accomplished by providing a fraudulent document. It is under the crime of papers and property markings in the Indian criminal code. The forgery is dealt with under Section 463, while the penalty is dealt with in section 465. And Section 464 discusses what makes a fraudulent document, whereas Sections 465-469 discuss a wide range of forging offenses. Section 470, on the other hand,deals with falsified documents, which are fraudulent documents that may be forged.

TYPES OF FORGERY

• The act of replacing one's signature is known as signature forging. Many techniques, such as tracing, are applied to accomplish this.
• Art forgery — the counterfeit of an artwork by any artist in order to pass it off as a real work of the individual. If the revenues from the transaction are significant, it can result in criminal charges.
• Prescription forgery is faking a doctor's signature or the entire prescription in order to get prescription medications from a medical shop that are not available to the general public without a prescription. Because this has become such a common issue, pharmacies have begun to call doctors before dispensing any prescription medications.
• Forgery of government papers or documents is known as governmental or federal forgery.

Forgery (Section 463)

This section describes that forgery occurs when someone creates a fake document or electronic record, or a portion of a document or electronic record, only to hurt or injure another person in order to conduct fraud.

ELEMENTS

1. Fake document or electronic record creation.
2. To damage or injure someone.
3. To substantiate a claim or title.
4. The intent to defraud.
5. To persuade someone to give up their possessions.
6. In a dishonest or deceptive manner.
7. To enter into any contract, whether express or implicit.

CASE LAW

Within the case of Rama Rao vs Narayan[AIR 1969 SC 724, (1969) 71 BOMLR 696, 1969 CriLJ 1064, (1969) 1 SCC 167, 1969 3 SCR 185], it was decided that the creation of a false document must be coupled with the purpose to inflict public harm, engage in a contract, or conduct fraud in order to fall under section 463 of the Indian Penal Code.

Making a fake document (Section 464)

This section covers three methods for fabricating a fraudulent paper or electronic record-

1. When someone dishonestly or fraudulently creates a fake document or electronic record, or signs or executes a document, or makes designating markings on a document with the purpose that the authority is aware of it and has affixed it.
2. It also states that whoever creates a false document or dishonestly alters or cancels a document with no lawful authority and reason to believe that it was created either by himself or by a different person, while not knowing whether the person was alive or dead at the time of such alteration, is guilty of forgery.
3. Third, it states that whoever causes any individual to sign, execute, or alter the document or electronic record, or affix his electronic signature or electronic record, knowing that such person is of unsound mind, intoxicated, or not in a position to comprehend the document's content, is violating the law.

CASE LAW-State Of U.P v. Ranjit Singh[AIR 1999 SC 1201]

The respondent who was a stenographer of a judge of AllahabadHigh Court was charged for fabricating forged bail order for accused Khelawan. The High Court had held that since the accused hasn’t denied the mail order, the same cannot be said to constitute a document and the ingredients of the offense under Sections 466, 468, IPC have not been satisfied.

To hurt or injure someone.

The core of this crime is the intent to inflict any harm or injury by generating a fraudulent paper or electronic record.

To substantiate a claim or title

The term "claim" does not just refer to a claim to property; it also refers to a claim to custody of children or a married woman, as well as claims to be admitted as a student to any course of study.

Intention to defraud someone.

The crime of forgery is defined as a fraud with the aim to deceive or by any means of deception to gain an advantage. If a document is created by fraud with such a goal, the crime of forging is committed.

Forgery is punishable under- Section 465

This section discusses the penalty for forgery, which is defined as the creation of a fraudulent document or portion of a document with the aim to inflict harm or injury, as defined under section 463 of the IPC. As a result, anyone who commits forgeries faces up to two years in prison or a fine, or both. And this offence is not compoundable, cognizable, bailable, or triable by a main category justice.

CASE LAW

The Supreme Court declared in the case of Sheila Sebastian vs Jawaharaj [CRIMINAL APPEAL NOS. 359-360 OF 2010],that the components of section 463 must be met in order to convict an accused under section 465.

Forgery of a court or public register record is punishable under- Section 466

This section pertains to situations in which a person falsifies a document or electronic record, or seems to be a record that should have been provided by birth. The crime under this clause is a more serious kind of forgery.For instance, a birth certificate, a wedding certificate, a baptism certificate, a burial certificate, and so on.

Section 467- Forgery of valuable securities, wills, and other documents

The offence described in this section is a more serious version of the one described in the previous section. Offenses involving property and paperwork." The forging of a valuable security or a will is the subject of Section 467. This section's offence is non-cognizable, non-bailable, non-compoundable, and triable by a main category justice. It is also cognizable if the counterfeit is of a central government debt instrument.

Forgery with the intent to defraud, Section 468

This provision states that anybody who commits forgery with the intent to use a forged document or electronic record for the purpose of cheating is subject to imprisonment of either sort for a duration up to seven years, as well as a fine.

CASE LAW

The main fact in the case of State of Orissa v. Rabindra Nath Sahu [2002 CriLJ 2327, 2002 I OLR 309],was that the accused committed forgery with the intent to defraud, not that he committed forgery to make him subject to punishment under section 468. If it is proven that his aim in using the fake document was to defraud, he will be held accountable.

Section 469-Forgery for the aim of harming name

This section states that anyone who forges a document or electronic record with the intent to harm someone's name will be tortured with imprisonment of either description for a term that can be extended to three years, as well as a fine, and that the offence will be cognizable, bailable, and triable by top-notch justice.

Section 470- forgery or falsification of a paper or electronic record

This section discusses the forgery of a document. So, if a document is forged in part or in whole by casting, it is referred to as a forged document or electronic record.

Using a real or fabricated document or electronic record (Section 471)

This provision specifies that anybody who dishonestly or fraudulently uses a forged document for genuine that he knows or has reason to suspect is a forged document would be penalized in the same way as if he had cast the document or electronic record.

CONCLUSION

Frauds have grown more widespread in recent years, as more crimes involving papers are now being reported for personal benefits. Forgery is defined as the act of creating a dishonest or fraudulently false document or electronic record in order to cause harm and injury to another person for wrongful gain or wrongful loss, or the act of affixing a digital signature, seal, sign, or dead, or the act of transmitting, altering, or cancelling the document or electronic record in the name of himself or another person, whether or not he was fictional at the time of alteration. The prosecution bears the burden of proving the defendant's intent beyond a reasonable doubt.