Forged Documents

The act of creating or altering a document with intent to deceive or defraud is known as forgery. Forgery of papers includes the creation of a fake document, the alteration of an existing document, or the use of a genuine document for fraudulent purposes.

Forgery of documents is a criminal offence punishable by law under the Indian Penal Code (IPC). Forgery of documents is a crime under Sections 463 to 477A of the IPC.

Document forgery can take many forms, including the creation of false academic degrees or certificates, the falsification of land records or property papers, the creation of fake identification cards or passports, and the alteration of checks or bank documents, among others.

Essential Elements Required to Prove Forgery of Documents under IPC

1. Making or altering a document: The accused must have made or altered a document that is not genuine.
2. Intention to deceive: The accused must have had the intention to deceive another person by presenting the forged document as genuine.
3. Dishonest intention: The accused must have had a dishonest intention to gain an advantage or cause harm to another person.
4. Knowledge of the forgery: The accused must have known that the document was forged and was not genuine.
5. Use of the forged document: The accused must have used or attempted to use the forged document as genuine.
6. Fraudulent or dishonest intention: The accused must have used the forged document with a fraudulent or dishonest intention to deceive or harm another person.

Punishment for Forgery of Documents

1. Punishment for making a false document or electronic record (Section 464 IPC):

• Imprisonment for up to 2 years, or
• Fine, or
• Both.

2. Punishment for using a forged document as genuine (Section 471 IPC):

• Imprisonment for up to 7 years, or
• Fine, or
• Both.

3. Punishment for possessing a forged document (Section 474 IPC):

• Imprisonment for up to 3 years, or
• Fine, or
• Both.

4. Punishment for making or possessing counterfeit seal or plate (Section 489-C IPC):

• Imprisonment for up to 7 years, and
• Fine.

5. Punishment for making or possessing instruments for counterfeiting coins (Section 489-D IPC):

• Imprisonment for up to 10 years, and
• Fine.

6. Punishment for counterfeiting currency notes or banknotes (Section 489-A IPC):

• Imprisonment for up to life, or
• Imprisonment for up to 10 years and fine, or
• Fine.