HomeSectionsSection 464: Making a...

Section 464: Making a false document

A person is said to make a false document or false electronic record—

First.— Who dishonestly or fraudulently—

(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(c) affixes any electronic signature on any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the electronic signature, with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, singed, sealed, executed or affixed; or

Secondly.— Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or

Thirdly.— Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

Illustrations

(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.

(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.

(f) Z’s will contains these words—“I direct that all my remaining property be equally divided between A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.

(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally writes down a different legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.

(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.

(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service.

Explanation 1.— A man’s signature of his own name may amount to forgery. Illustrations

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.

(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.

(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed forgery.

(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition.

Explanation 2.— The making of a false document in the name of a fictious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

Illustration

A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

Explanation 3.— For the purposes of this section, the expression “affixing electronic signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Definition and Nature of Crime

Definition of Crime Crime can be defined as an act or omission...

Constituents Elements of Crime

The Indian Penal Code (IPC) defines a crime as an act...

Stages of Crime

The various phases or processes that take place between having the...

Dowry Death

The offence of dowry death falls under Section 304B of the...

- A word from our sponsors -

Read Now

Definition and Nature of Crime

Definition of Crime Crime can be defined as an act or omission that is prohibited by law and is punishable by the state. It is an offense against society and its laws, and it is considered harmful to the community as a whole. Nature of Crime The nature of...

Constituents Elements of Crime

The Indian Penal Code (IPC) defines a crime as an act or omission that is punishable under the law. The following are the essential elements that must be present for an act to be considered a crime under the IPC: Actus reus: This is the Latin term for...

Stages of Crime

The various phases or processes that take place between having the idea to commit a crime and actually carrying it out are referred to as the stages of a crime. Typical Stages of a Crime Intent: The first stage of a crime is the intent to commit the offense....

Dowry Death

The offence of dowry death falls under Section 304B of the IPC, which is a cognizable and non-bailable offence. The Indian Penal Code (IPC) has a specific offense known as "dowry death" that refers to a woman dying from a burn or other physical injury within seven years...

Brief of Culpable Homicide and Murder

Under the Indian Penal Code (IPC), culpable homicide and murder are two distinct offenses with different degrees of severity. Culpable Homicide Definition: According to section 299 of the IPC, culpable homicide refers to any action that results in the death of a person with the intent to do so...

Attempt to Murder

Meaning of Attempt to Murder Attempt to Murder is an offence under the Indian Penal Code (IPC) that is committed when a person tries to cause the death of another person, but the attempt fails for some reason. The offense is defined under Section 307 of the IPC. Essential...

Attempt and Abetment to Suicide

Attempt and Abetment to Suicide are two distinct offences under the Indian Penal Code (IPC) that deal with the act of encouraging or assisting someone to commit suicide. Both of these offenses are punishable under Section 309 and Section 306 of the IPC, respectively. Attempt to Suicide Meaning of...

Hurt and Grievous Hurt

Hurt and Grievous Hurt are two offenses under the Indian Penal Code (IPC) that deal with causing bodily harm to another person. These offenses are defined under Sections 319 and 320 of the IPC, respectively. Hurt Hurt is defined under Section 319 of the IPC as any harm that...

Wrongful Restraint and Wrongful Confinement

The Indian Penal Code (IPC) has two distinct offenses that deal with restricting another person's freedom of movement: Wrongful Restraint and Wrongful Confinement. Sections 339 and 340 of the IPC, respectively, specify each of these offenses. Wrongful Restraint According to Section 339 of the IPC, voluntarily restricting someone's freedom...

Criminal Force and Assault

Criminal Force and Assault are two distinct offences that deal with using physical force or violence against another person and are specified by the Indian Penal Code (IPC). Sections 350 and 351, respectively, of the IPC define each of these offences. Criminal Force According to Section 350 of the...

Kidnapping and Abduction

Under the Indian Penal Code (IPC), kidnapping and abduction are two distinct offenses that deal with the illegal confinement of another person. Sections 359 and 363 of the IPC, respectively, specify each of these offences. Kidnapping According to Section 359 of the IPC, kidnapping is the act of taking or...

Sexual Offences

The Indian Penal Code (IPC), which carries legal penalties, defines several sexual offences. The following are some of the most well-known sexual offences covered by the IPC: Rape (Section 375): Sexual activity that takes place without a woman's consent is referred to as rape. The punishment for rape...