Legal provisions regarding Forgery under section 463 of Indian Penal Code, 1860.
Forgery:
Forgery means fraudulent making or alteration of any record, deed, writing, instrument, register, stamp, etc., to the prejudice of another man’s right. It is a false making of any written instrument for the purpose of fraud or deceit; including every alteration of or addition to a true instrument.
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Forgery is the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of a legal liability.
According to Section 463 of the Indian Penal Code, “Whoever makes any false documents 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.”
The elements of forgery under Section 463 are:
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1. The document or electronic record or the part of it must be false in fact;
2. It must have been made dishonestly or fraudulently within the meaning of the words used in Section 464, IPC; and
3. The making of false document or electronic record should be with intent to:
a) Cause danger or injury to: (i) the public, or (ii) to any person; or
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b) Support any claim or title; or
c) Cause any person to part with property; or
d) Enter into any express or implied contract; or
e) Commit fraud or that fraud may be committed.
The term ‘fraud’ in Section 463 implies an infringement of someone’s legal right though not necessarily connected with deprivation of property. Intent to defraud implies (a) an intention to deceive and (b) such deception involving the causing of legal injury. Unless there is an element of fraud, the making of a false document would not amount to a forgery.
It should be noted that intention to cause injury is not an essential ingredient of the offence of forgery. As per Section 463, intention to cause damage or injury to the public or person is only one of the five situations. The other situations being: (i) to support any claim or title (ii) cause any person to part with property; (iii) enter into any implied or express contract; or (iv) with intent to commit fraud. The first component, namely, intention to cause damage is intent complete in itself.
The definition in Section 463 is itself subject to the definition in Section 464, in which the two essential elements are that the act should be done ‘dishonestly and fraudulently’. In other words, whichever of the intents as provided in Section 463 are applicable, the act itself must be done dishonestly and fraudulently to sustain the allegation of forgery.