Punishment for Forgery – Section 465 of Indian Penal Code:
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.
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ADVERTISEMENTS:
Punishment for Forgery of record of Court or of public register etc. (Section 466):
[Whoever forges a document or an electronic record], purporting to be a record of 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 a 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.
[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. As defined by clause (r) of Section 2(1) of the Information Technology Act, 2000 “electronic form” means as follows
Electronic form, with reference to information, means any information general, sent, received or stored in media, magnetic, optical computer memory, micro film, computer generated micro fiche or similar device.
ADVERTISEMENTS:
Punishment for Forgery of valuable security, Will, etc. (Section 467):
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 to deliver any money, movable property or valuable security, or any document purporting to be an acquaintance or receipt acknowledging the payment of money or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with 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.
Punishment for Forgery for purpose of cheating (Section 468):
Whoever commits forgery, intending that the 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.
ADVERTISEMENTS:
Punishment for Forgery for purpose of harming reputation (Section 469):
Whoever commits forgery, 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.
Punishment for Forged document (Section 470):
A false document or electronic record made wholly or in part by forgery is designated “forged document or electronic record”.
Punishment for Using as genuine a forged document (Section 471):
Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record.
The accused applied to the Superintendent of Police at Poona for employment in the police service. In support of his application he presented two certificates which he knew to be false. One of these certificates was a wholly fabricated document, whilst the other was altered by several additions made subsequently to the issue of the certificate.
It was held that the accused was guilty of offence under Sections 463 and 471. But where the accused applied for admission in a college on the basis of forged certificates Supreme Court held that these certificates cannot be treated as valuable securities and conviction under Sections 467 and 471, I.P.C., cannot be sustained.
When the endorsements on certain passports have been made with a view to help the person having his photograph on the passport to travel to foreign countries to which he is not entitled to travel, such endorsements are obviously made dishonestly or fraudulently and therefore the offence under Section 471 is made out. Accused submitted bill regarding leave travelling concession without actually undertaking travelling. The bill was submitted as genuine but in fact the same was forged. Offence under Section 471 is committed.
Punishment for Making or possessing counterfeit seal, etc., with intent to commit forgery, punishable under Section 467:
Whoever makes or counterfeits any seal, plate or other instrument, for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this Code or with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punishable with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise (Section 473):
Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for purpose of committing any forgery which would be punishable under any section of this Chapter other than Section 467, or, with such intent, has in his possession any such seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for Having possession of [document or electronic records] described in Section 466 or 467, knowing it to be forged and intending to use it as genuine (Section 474):
[Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code] be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and if the document is one of the description mentioned in Section 467, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for Counterfeiting device or mark used for authenticating documents described in Section 467, or possessing counterfeit marked material (Section 475):
Whoever counterfeits upon, or in the substance, any material, any device or mark used for the purpose of authenticating any document described in Section 467 of this Code, intending that such device or marks shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for Counterfeiting device or mark used for authenticating documents other than those described in Section 467, or possessing counterfeit marked material (Section 476):
Whoever counterfeits upon, or in the substance any material, any device or mark used for the purpose of authenticating any document [or electronic record] other than the documents described in Section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document [or electronic record] then forged or thereafter to be forged on such material or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for Fraudulent cancellation, destruction, etc., of Will, authority to adopt or valuable security (Section 477):
Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to a person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a Will, or an authority to adopt a son, or any valuable security, or commits mischief in respect to such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for Falsification of accounts (Section 477-A):
Whoever being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully and with intent to defraud, destroy, alter, mutilate or falsify any book, [electronic record], paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully and with intent to defraud, make or abet the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular form or in any such book,[electronic record], paper, writing, valuable security or account shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation:
It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, on any particular day on which the offence was committed.
Ingredients:
The following facts must be proved to establish falsification of accounts:
(i) The person coming within its purview must be clerk, an officer or a servant or he might be working as a clerk or an officer or a servant.
(ii) He must wilfully and with intention to commit fraud
(a) destroy, alter or falsify any book, electronic record], paper, writing or valuable security which —
(i) Belongs to his employer or is in his possession, or
(ii) It has been obtained by him for or on behalf of his employer,
(b) Make or abet the making of any false entry in or omit or alter or abet the omission or alteration of any material particular from or in any such book, [electronic record], paper, writing, valuable security or account.
The accused falsified a measurement book of repairs to buildings and a bill with intent that a contractor’s bill for the repairs done might be passed without actual measurement. The Court held that the act of the accused amounted to a fraudulent falsification of accounts. The finding that entries were made inadvertently and negligently is destructive of charge under this section because for a charge under this section the entries must be made wilfully with a view to defraud.
Onus of proof of the existence of every ingredients of the charge always rests on the prosecution and never shifts.
The writing may be established by the testimony of expert witness or by the evidence of witnesses who are fully acquainted with the writing. The Court may itself examine the similarities in the disputed and admitted writings.
Definition of Forgery
Forgery – Section 463 of IPC:
Whoever makes any false document or false electronic record or part of a document or electronic record with intent to cause damage or injury,] to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
Ingredients:
The ingredients of an offence of forgery so defined, are:
(1) The making of a false document or false electronic record or part of it.
(2) Such making should be with intent to —
(i) Cause damage or injury to the public or to any person; or
(ii) Support any claim or title; or
(iii) Cause any person to part with property; or
(iv) Enter into any express or implied contract; or
(v) Commit fraud or that fraud may be committed.
One of the Supreme Court cases having a bearing on the above mentioned ingredients is Rugmani v. Menon. The factual situation of the case was that an application for permission or sanction for construction of certain premises was filed by a person under the direction or instruction of another in mistaken name.
Thereupon, was a finding of the High Court that it was not signed by the person on whose behalf it was purported to have been made. However, there was no finding to the effect that signatures by the said party were made to cause harm to the person on whose behalf they were made or without their knowledge or that they were untrue.
The Supreme Court held that mere denial of signatures by person on whose behalf they were purported to have been made was not sufficient to warrant the conclusion that the person submitting the application committed forgery.
The Supreme Court took the opportunity to observe in Para 6 that “The High Court, with respect, misdirected itself, in being oblivious of the difference between filing an application by a person under direction or instruction of another in mistaken name and making a false document, with intent to cause damage or injury to any person or to support any claim or title or to commit any act with intent to deceive another”.