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 commits forgery.
(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 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 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
(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.
Explanation 2- 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 forgery.
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
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 harming reputation?