Under chapter 18 of the Indian Penal Code, 1860, the crimes of document forgery—commonly known as forgery—are described. Sections 463 to 477-A provides for the cases of forgery of documents or electronic records. In the article below, the meaning of forgery under Section 463 has been firmly discussed including its punishment.
The Offence committed as Forgery
Provided under Section 463 of the Indian Penal Code, 1860-
Whoever falsifies a document or a false electronic record or some part of a document or electronic record, with an intent of causing damage or injury, to the public or to any person, or in order to support any claim or title, or causing any person to part with his property, or entering into any express or implied contract, or with an intent to commit fraud or that fraud may be committed, will be committing the offence of forgery.
Hence, a person if he makes any false document or electronic record with a criminal intention to:
Cause injury or damage to some other person or public
Cause a person to part with his property
Entering into any express or implied contract
Supporting any claim or title
Has already committed or may commit any fraud
then such person shall be liable for the offence of forgery provided under Section 463 of IPC.
Any matter that has been represented or described on a substance using letters, figures, or marks, or a combination of these, with the goal of being used as evidence of such matter is referred to as a document.
Essentials Elements for Forgery
Explained below are the essentials elements required for the offence of forgery as has been defined under section 463 of the IPC:
The making of a false document or a part of it.
Such document must be made with a dishonest or fraudulent intent-
Causing damage or injury to:
A person or
Public;
Of supporting any claim or title; or
of causing any person to part with the property; or
Of causing a person to enter into some contract, whether implied or express; or
Committing fraud or such fraud may be committed in the coming future.
Aggravated forms of Forgery
Sections 466 to 469 of the IPC provide for the situations where offence of forgery is present in aggravated form. For example, the case of forgery related to the record of a court, or a public register, forgery of a valuable security, will, etc. as well as the forgery for the purpose of cheating and harming the reputation of another person, are aggravated forms of forgery. However, the punishment of forgery varies in every case.
Conclusion-
The offence of forgery basically relates to the offences which are related to the document. It provides that if a person makes some fake document with malafide intention to cause damage to the public or a particular person then such accused shall be punished with imprisonment up to a period of 2 years along with fine.
The Act's Section 465 addresses the penalties for the crime of forgery. For further information on the subject, you must seek the legal opinion of an experienced lawyers in mumbai, lawyers in gurgaon or lawyers in your city.
Lead India offers you a team of experienced advocates who have been successfully handling cases related to criminal offences as well as civil cases. Therefore, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.
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