Section 464 of Indian Penal Code. "Making a false document"
A person is said to make a false document-
First- Who dishonestly
or fraudulently makes, signs, seals or executes a document or part of a
document, or makes any mark denoting the execution of a document, with
the intention of causing it to be believed that such document or part of
a document was made, signed, sealed or executed by or by the authority
of a person by whom or by whose authority he knows that it was not made,
signed, sealed or executed, or at a time at which he knows that it was
not made, signed, sealed or executed; or
Secondly- Who, without lawful authority, dishonestly or fraudulently,
by cancellation or otherwise, alters a document in any material part
thereof, after it has been made or executed either by himself or by any
other person, whether such person be living or dead at the time of such
Thirdly- Who dishonestly or fraudulently causes
any person to sign, seal, execute or alter a document, knowing that such
person by reason of unsoundness of mind or intoxication cannot, or that
by reason of deception practiced upon him, he does not know the contents
of the document or the nature of the alteration.
(a) A has a letter of credit upon B for rupees 10,000 written by Z. A,
in order to defraud B, adds a cipher to the 10,000, and makes the sum
1,00,000 intending that it may be delivered 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 to 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
(d) A leaves with B, his agent, a cheque on a
banker, signed by A, without inserting the sum payable and authorises B
to fill up the cheque by inserting a sum not exceeding ten thousand
rupees for the purpose of making certain payment. B fraudulently fills
up the cheque by inserting the sum of twenty thousand rupees. B commits
(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 the 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
(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 from the 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
(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 in as much 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.
(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 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 of 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.
The making of a false document in the name of a 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 it to be believed that
the document was made by the person in his lifetime, may amount to
A draws a bill of exchange upon a
fictitious person, and fraudulently accepts the bill in the name of such
fictitious person with intent to negotiate it. A commits forgery.
OFFENCES RELATING TO DOCUMENTS AND PROPERTY MARKS
Section 463, 464 and 465 of Indian Penal Code 1860 - What is Forgery?
What is making a false document? What is the punishment for forgery?
Section 466, 467, 468 and 469 of Indian Penal Code 1860 - What is
Forgery of record of court or of public register, etc? What is making a
false document? What is Forgery of valuable security, will, etc? What is
Forgery for purpose of cheating? What is forgery for the purpose of