Introduction -Forgery is the making of a false document with the criminal
intention to cause damage to any person. S.463 of the Indian Penal Code, 1860
defines forgery and S.465 provides punishment for forgery.
The Essential Elements Of Forgery As Defined Under S.463 Are As Follows:
Essential Ingredients Of Forgery:The essential elements of forgery as defined under S.463 are as follows:
- The making of a false person document or electronic record or part of
- Such making should be with intention to:
- Cause damage or injury to the public or to any person, or
- Cause any to part with any property, or
- Enter into any express or implied contract, or
- Commit fraud or that fraud may be committed
Daniel Hailey Walcot v. State of Madras The Madras High Court described
Elements of the offence of Forgery as below:
- The document or the part of the document must be false in fact
- It must have been made dishonestly or fraudulently within the meaning of
the words used in S.464 IPC ; &
- It must have been made with one of the intention specified in S.463 IPC.
Making of a false document:
Forgery is committed by way of making false
document. S.464 of IPC provides following three forms of creating a false
- Making, signing, sealing or executing a document with the intention of
causing it to be believed that such document was made by the authority of a
person by whom the maker knows that it was not made; or
- Dishonest or fraudulent cancellation or alteration of a document without
lawful authority; or
- Act of causing another person to execute or alter a document with the
knowledge that the maker thereof does not know the contents of the document
or the nature of alteration.
Punishment for Forgery:
According to S. 465 of IPC 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.