IPC Sections 466, 467, 468, 469 - Forgery of Court Record, Valuable Security, Cheating and Reputation

Sections 466, 467, 468 and 469 IPC: Forgery of Court Records, Valuable Security, Cheating and Reputation

Sections 466 to 469 of the Indian Penal Code, 1860 dealt with aggravated forms and specific purposes of forgery. They covered forgery of court and public records, valuable securities and wills, forgery intended for cheating, and forgery intended to harm reputation.

Legal position covered: This article explains the Indian Penal Code and Code of Criminal Procedure position applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the pre-BNS law and matters to which the earlier law remains relevant.

Meaning of forgery under the IPC

These provisions should be read with Sections 463 and 464 IPC. Section 463 defined forgery by reference to making a false document or false electronic record with the specified fraudulent or injurious intent. Section 464 explained when a person was considered to have made a false document or false electronic record. Sections 466 to 469 then prescribed punishment for particular kinds or purposes of forgery.

IPC sectionOffenceMaximum punishment under IPC
466Forgery of record of Court or public register, etc.Imprisonment up to 7 years and fine
467Forgery of valuable security, will, etc.Imprisonment for life, or imprisonment up to 10 years, and fine
468Forgery for purpose of cheatingImprisonment up to 7 years and fine
469Forgery for purpose of harming reputationImprisonment up to 3 years and fine

Section 466 IPC - Forgery of record of Court or of public register, etc.

Section 466 applied where a person forged a document or electronic record purporting to be a record or proceeding of or in a Court of Justice; a register of birth, baptism, marriage or burial; a register kept by a public servant; a certificate or document purporting to be made by a public servant in an official capacity; an authority to institute or defend a suit or take proceedings in it; an authority to confess judgment; or a power of attorney.

Punishment: Imprisonment of either description for a term which could extend to seven years, and fine.

Electronic registers

The explanation to Section 466 clarified that the expression "register" included any list, data or record of entries maintained in electronic form as defined by the Information Technology Act, 2000. Thus, the section was not confined to traditional paper registers.

Section 467 IPC - Forgery of valuable security, will, etc.

Section 467 covered forgery of a document purporting to be a valuable security or a will, an authority to adopt a son, an authority to make or transfer valuable security, an authority to receive principal, interest or dividends, an authority to receive or deliver money, movable property or valuable security, and specified acquittances or receipts.

Punishment: Imprisonment for life, or imprisonment of either description for a term which could extend to ten years, and fine.

Section 467 therefore dealt with documents whose forged character could directly affect valuable legal, testamentary or financial rights. Whether a particular instrument falls within the provision depends on its legal character and the facts surrounding the alleged forgery.

Section 468 IPC - Forgery for purpose of cheating

Section 468 applied where a person committed forgery intending that the forged document or electronic record would be used for the purpose of cheating.

Punishment: Imprisonment of either description for a term which could extend to seven years, and fine.

The provision required the forgery to be connected with the intended use of the forged document or electronic record for cheating. It therefore addressed the purpose for which the forgery was committed, in addition to the underlying act of forgery.

Section 469 IPC - Forgery for purpose of harming reputation

Section 469 applied where a person committed forgery intending that the forged document or electronic record would harm the reputation of any party, or knowing that it was likely to be used for that purpose.

Punishment: Imprisonment of either description for a term which could extend to three years, and fine.

The provision covered both direct intention to harm reputation and knowledge that the forged material was likely to be used for that purpose.

Pre-BNSS procedural classification under the CrPC

Under the First Schedule to the Code of Criminal Procedure, 1973, the procedural classification varied according to the particular forgery offence. For example, Section 466 was classified as non-cognizable and non-bailable; Section 467 was generally non-cognizable and non-bailable, subject to the schedule entry concerning a Central Government promissory note; Section 468 was cognizable and non-bailable; and Section 469 was cognizable and bailable. The competent court also depended on the scheduled classification.

Relationship with Sections 463 and 464 IPC

A charge under Sections 466, 467, 468 or 469 ordinarily requires examination of whether the alleged document or electronic record satisfies the IPC concept of forgery. The definitions in Sections 463 and 464 are therefore central to determining whether the foundational act of making a false document or false electronic record is established.

Key distinction between Sections 466, 467, 468 and 469

Sections 466 and 467 primarily identify special categories of documents or records, while Sections 468 and 469 focus on the purpose or intended consequence of the forgery. Section 468 concerns an intention to use the forgery for cheating; Section 469 concerns an intention to harm reputation or knowledge that the forgery is likely to be used for that purpose.

Note: Criminal liability depends on the facts, the nature of the document or electronic record, the required intention or knowledge, and the law applicable to the relevant date. This page is an informational explanation of the pre-BNS statutory position.

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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? Section 466, 467, 468 and 469 of Indian Penal Code 1860

Forgery of court record or public register, making false document, forgery of valuable security, will etc, forgery for the purpose of cheating etc are defined under Section 466, 467, 468  and 469 of Indian Penal Code 1860. Provisions under these sections are:

 

 

 

 

Section 466 of Indian Penal Code. "Forgery of record of court or of public register, etc"

2 [Whoever forges a document or an electronic record], purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

1 [Explanation.- For the purposes of this section, "register" includes any list, data or record of any entries maintained in the electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).]

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1. Ins. by Act 21 of 2000, s. 91 and the First Sch. (w.e.f. 17-10-2000).

2. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).

 

Section 467 of Indian Penal Code. "Forgery of valuable security, will, etc"

Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956).

 

Section 468 of Indian Penal Code. "Forgery for purpose of cheating"

Whoever commits forgery, intending that the 1 [document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

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1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for "document forget" (w.e.f. 17-10-2000).

Section 469 of Indian Penal Code. "Forgery for purpose of harming reputation"

Whoever commits forgery, 1 [intending that the document or electronic record forged] shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

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1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for "intending that the document forget" (w.e.f. 17-10-2000).

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