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Laws of Forgery

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:
  1. The making of a false person document or electronic record or part of it.
  2. Such making should be with intention to:
    1. Cause damage or injury to the public or to any person, or
    2. Cause any to part with any property, or
    3. Enter into any express or implied contract, or
    4. Commit fraud or that fraud may be committed

Daniel Hailey Walcot v. State of Madras The Madras High Court described the essential

Elements of the offence of Forgery as below:

  1. The document or the part of the document must be false in fact
  2. It must have been made dishonestly or fraudulently within the meaning of the words used in S.464 IPC ; &
  3. 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 document:
  1. 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
  2. Dishonest or fraudulent cancellation or alteration of a document without lawful authority; or
  3. 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.

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