Posted November 10, 2013 by advocateguru in Learning Centre
 
 

Forgery

 

The offence of forgery as defined in the Code is made up of two main provisions. Section 463 defines forgery as the making of a false document or false electronic record with any of the intentions noted therein. Section 464 defines the making of a false document or false electronic record sufficient to be brought within the cover of forgery. There is one component common to both sections, that of fraud. To constitute forgery, the accused must have made a false document of an electronic record or part of such a document or an electronic record. Apart from the necessity of the prosecution having to prove this, it will also have to establish that the document or electronic record, as the case maybe, was forged to achieve an of the intentions enumerated in Section 464

Making a False Document or False Electronic Record

What amounts to the making of a false document or false electronic record is explained in Section 464, IPC. The person who makes a false document or false electronic record commits forgery. It is essential that the false document or the false electronic record, when made, must either appear on its face to be, or be in fact one, which, if true would possess some legal validity. In other words, the document or the electronic record must be legally capable of effectivating the fraud intended.

Three form of making False Documents

Making false documents is the soul of forgery. However, the expression ‘making false document’ is not to be understood in it s literal sense. The manner of making the false document is clearly stipulated in Section 464, which delineated false documents being created in three forms, and the document should fall at least in one of the three divisions. The three forms of creating false documents are:

  • Making, signing, sealing or executive a document with the intention of causing it to be believed that such documents was made by the authority of a person by whom the maker knows that it was not made
  • Dishonest or fraudulent cancellation or alteration of a document without lawful authority.
  • 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 the alteration.

 

 


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