Essentials of Forgery

Forgery: (Section 463)

There are two sections defining forgery.

1) Sec- 463 defines forgery

2) Sec- 464 defines Making a false document

1. Forgery:

A person who makes a false document or part of it with an intention:

1) to cause damage or injury to the public or to any person

2) to support any claim or title

3) to cause any person to part with property or enter into contract

4) to commit fraud or that fraud may be committed - is guilty of forgery;

2. False Document:

A person is said to make a false document in the following circumstances:

1) He must dishonestly or fraudulently, make, sign, seal or execute a document, with knowledge or an intention to make others believe that it was genuinely done by the concerned authority.

2) The person, without lawful authority, dishonestly or fraudulently cancels, or alters the document made by himself or by any other (living or not).

3) The person may cause any other person who is insane or intoxicated or deceived, to sign or seal or execute or alter a document.

E.g.:

1) A without authority does the signature and seal of the controller of examinations to a marks-card and secures a seat in a Medical college. A is guilty of forgery.

2) A picks up a blank cheque duly signed by B.

A without authority but dishonestly fills up and takes Rs. 8000/- from the Bank. A is guilty. A person may commit forgery of his own signature:

1) A money-order is received in the name of “B”; a person with the same name takes it dishonestly. He is guilty of forgery.

2) "A picks up a bill of exchange payable to another person of the same name. A endorses the bill, intending to make others believe that it was done duly by A. A has committed forgery. 

Making of a false document in the name of a dead man may amount to forgery:

‘A’ draws a bill of exchange in the name of a fictitious person,He fraudulently accepts it, in that name with a view to negotiate it.‘A’ commits forgery.

In Ram Narain

 V

State of Punjab

Accused had forged the signature of the drawer of cheque and encashed dishonestly. It was held Guilty.

In Jagannath Prasad

 V

 State of U.P.

Producing a forged document before a tribunal to support a claim was held forgery under Sec-463.

In Buddha Ram

 V

State of Rajasthan.

Production of a Photostat copy of a forged document was held sufficient to commit forgery.