Forgery

 Forgery

Introduction

Generally forgery means making false document or electronic record with intention to get benefited or gain wrongfully by using such document or electronic record . Section 463 of the Indian penal code define the forgery as " Whoever makes any false document or false electronic record or part of document or electronic record , with intent to cause damagebor injury to the public or to person or to support any claim or tittle or to cause any person part with property , or to enter into any express or implied contact , or with intent to commit fraud or that has been committed " commits forgery .

Ingredients

1. Making any false document or electronic record or partbof document or electronic record.

2. With intent to cause 

       (i) damage or injury to public or any person .

      (ii) to support any claim ot tittle.

       (iii) to enter into a contract whether implied or express.

       (iv) to cause any person part with property

       (v) to commit fraud or fraud may be committed .

The definition given under section 463 of the code is very wide , it includes every form of cheating done by the using false document. The offence of cheating and forgery could be committed simultaneously , if a document is not genuine and used as a genuine and such person is benifited thereby , then not only the offence of cheating as well as offence of forgery is also committed.

In the case of Nahul Kohli vs State [2010crLJ(Del)] , it was held the if a document , which is not genuine is being used as such and person is made to part with money on that besis then not only the offence of cheating defined under section 415 but also th offence of forgery defined under 463 is attached.

MAKING FALSE DOCUMENT

Section 464 define the making false document , making false document is essential part of the offence of forgery. After analysis of this section false document can be devided into three parts 

Firstly : where a person dishonestly or fraudulently makes sign , transmit or to executed with the intention of causing it to be believed that , such document made or executed by the person or by the authority of the person by whom or whose authorize it would executed .

Secondly : when a person dishonestly or fraudulently cancel or alter document or part of document without having lawful authority, by him self or by any other person who is dead at the time of alteration.

Thirdly : where a person causes to make any sign, seal, or to execute any document knowing that such person is to not aware of containt of such document by reason of unsoundness or by reason of intercourse.

When a person make any document by the way of any above mentioned shall be consider as a making false document.

Explanation 1: A man's signature of his own name may amount to forgery . 

A person can make any false document by use of his own name.

Example : A person find a execution deed of a moveable property he scratched out the name of the original owner and make signature on that deed. Here the person does not make any false document but by the using his name instead of other make it false document.

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

Example : A person make a will by the name of his father who died, he dated the document when his father is alive with the dishonest intention of taking all the share. Here the such person make a false document .

Explanation 3 : for the purpose of this section , the expression " affixing (electronic)signature , shall have the meaning assigned to it in clause (d) of subjection (1) of section of 2 of information technology Act 2000

PUNISHMENTS OF FORGERY

section 465 of the code provide the punishment for forgery . Whoever commits forgery shall be punished with imprisonment which may extend to two years or fine or with both.

FORGERY OF RECORD OF COURT ORDER OR PUBLIC REGISTER , ETC.

Section 466 speaks about the forgery of court order or public register . To constitute an offence under this section the forged document must of purports to be 

    - record or proceeding of a court of justice 

    - register of birth , baptism, marriage, bural or register keep by a public servant.

    - a certificate or document made by public servant in his official capacity.

    - a authority to institute or defend suit or to take any preceeding therein

    - to confess judgement

    - power of attorney

In the case of State of Up vs Ranjit singh , court held that the preparation of a forged bail order by the utilization of which the person concerned obtained an advantage of being related deceiving the court and society at lerge . It said to have made the document fraudulently , thereby altering section 466 of ipc 1860.

Whoever forged any document as aforesaid , shall be punished with imprisonment which may extend to seven years and also liable to fine.

FORGERY OF VALUABLE SECURITY

 

Section 467 speaks about the forgery of valuable security . To bring the offence within the ambit of this section prosecution must prove that document must be of following

   - a will, or an authority to adoption

   - to gove authority to any person to make ir transfer any valuable security , or to receive the principle or delivering any money , moveable property or valuable security.

   - to be an acquaintance on receipt of payment of money or an acquaintance or receipt of delivery of property or valuable security.

As the preceeding section is am aggravated offence which may cause a person damage. In Jagannath Singh vs State of Mp [2011CrLJ 307(mp)], the petitioner stood before the court as security in favor of the accused person and filled a affidavit said declaration form and title document of the land record-of-right book before the court . It was further revealed that the petitioner filed a false declaration as well as false affidavit in support of the said declaration. It was further found that both the document i.e., the declaration form as well as affidavit of the accused were just prepared productions before the court . Court held that the offence was committed before the document were filed in the court .

FORGERY FOR PURPOSE OF CHEATING 

Section 468 punishes the person who forged any document with intent to cheat . To constitute an offence under this section it is sufficient that the person forged the document although he had not used the document to cheat.

In Sharvan Kumar vs State of UP ( AIR 1985 SC 1683) , the Supreme court has expressed the opinion that the conduct of an advocate cleark in forging the signature of another advocate on a security bond and forging some endursment for identification and attestation would not constitute an offence under this section and that the conviction should have been under secy 464.

FORGERY FOR THE PURPOSE PF HARMING REPUTATION 

Where a person forged any document or electronic record with intention of using harming reputation of any other person or with the knowledge that it is likely to be used for that purpose , such shall be punished under this section .

To constitute an offence under this section it is not necessary that the document bhad been used for that purpose , it is sufficient that the document was forged with such intention or knowledge

Whoever commit offence under this section , shall be punished with imprisonment which may extend to three year or fine or with both.

USING AS GENUINE A FORGED DOCUMENT OR ELECTRONIC RECORD

This section speaks about the offence , where a person used a forged document or electronic record which he knows or having reasons to believe that such document is forged. Under this section it is necessary that the accused must uses the document and mere having possession of forged document is not punishable under this section .

In Bank of India vs Yaturi Maredi Sankar Rao( AIR 1987 SC 84) , the supreme court confirmed sentence of nine month of rigorous imprisonment to a person who had knowledge of the forged singature on withdrawal form and who used them to effect.

MAKING OR POSSESSION SEAL ETC WITH INTENT TO COMMIT FORGERY

Section 473 and 474 of ipc 1860 deals with the offence of making or counterfeated seal,plate or other instrument for making impression with the intention of using such for forgery or having possession of any such plate,seal,etc knowing that same to be counterfeated.

The former section specifically deal with document described under section 467(forgery of valuable security). It provides the punishment of such offence as imprisonment for life or imprisonment which may extend to seven years and also liable for fine . Later section deal with offence punishable other than section 467 as the later section does not form aggravated offence it provides punishment of imprisonment which may extend to seven years and also liable to fine .

COUNTERFEATING DEVICE OR MARKED USED FOR AUTHENTICATING DOCUMENT DESCRIBED IN SECTION 467 OR OTHER WISE OR POSSESSIONING COUNTERFEAT MARKED METEREAL

Section 475 and 476 speaks about the counterfeating of a substance or with in a substance meterial or any device or used any mark for the purpose of authenticating the document described under section 467. 

To bring the offence under both the section it is sufficient that the accused having possession of any such substance which already have been counterfeated with the intention of use such in a future time 

While the former section only punishes the person who counterfeated or mark used for authenticating document described in section 467. The later section speaks about document other than provide under section 467 . As the former section constitute a aggravated form of offence , it provides sever punishment of imprisonment which may extend to seven yearand also liable for fine. Later offence provide imprisonment which may extend to seven year and also liable for fine.

FRAUDULENT CANCELATION , DESTRUCTION OF WILL, AUTHORITY TO ADOPT OR VALUABLE SECURITY

Section 477 punishes the person who fraudulently or dishonestly causes

              - damage or injury to any person or public , or 

              - cause or attempt to cause destroy, deface or cancled , or

              - secret or attempt to secret , or 

              - commit mischief.

The word document uses in this section means a real document and not a forged document , whoever commit the offence as above specified shall be punished with imprisonment for life or with imprisonment which may extend to seven year and also liable for fine.

FALSINATION OF ACCOUNT 

This section refers to the act of false entry or make changes any book which is under the custody of clerk or servant 

To constitute an offenence under this section following ingredients must be fullful

(i) the accused must be a clerk , servant or acting under a clerk and servant .

(ii) willfully or with intent to defraude,destroy,alter,multilate or falsifies any book or electronic record .

(iii)such document is in the possession his employer or which is received by him or on behalf of his employer.

(iv) accused must made any false entry or omit to do or alter the document or abtes to commit such act.

Whoever commit the offence as aforesaid shall be punished with the imprisonment which may extend to seven year or with fine or with both