Law related to Forgery!!

Here are the few judgements which would help you in defining forgery in a better sense, apply it in your case to determine whether allegations constitute forgery or not–

  1. This Definition was adopted in Rembert vs. State 25 Am. Rep. 639. In another case, namely, State vs. Phelps 34 Am. Dec. 672, it was laid down that forgery is the false making of any written instrument, for the purpose of fraud or deceit. This decision appears to be based on the meaning of forgery as set out in Tomlin’s Law Dictionary.
  2. From the above, it would be seen that fraud is an essential ingredient of forgery.

  1. The requirements to constitute the offence of forgery may be broadly stated as follows; (1) The document or the part of the document must be false in fact; (2) It must have been made dishonestly or fraudulently within the meaning of the words as used in Sec. 464 I. P. C. and (3) It must have been made with one of the intents specified under Section 463 I. P. C.

  1. The above definition shows that making a false document is the soul of forgery. The expression “making a false document” is not to be understood in its literal sense. It has a special connotation in the Code. The contours of the said expression are delineated in Section 464 of the Indian Penal Code. It consists of three divisions and the document should fall at least in one of those three divisions for making it a false document. The first division relates to the making, signing, sealing or executing a document with the intention of causing it to be believed that such document was made on the authority of a person by whom the maker knows that it was not made. The second division relates to the dishonest or fraudulent cancellation or alteration of a document without lawful authority. The third division deals with the act of causing another person to execute or alter a document with the knowledge that the maker thereof does not know the contents of the document or the nature of the alteration.

  1. New Document into existence

In my opinion, the word ‘makes’ in Section 464 does not mean anything other than ‘makes,’ that is to say, creates or brings into existence.

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By Adv. Nitish Banka
Practicing Advocate District and High courts in Delhi/NCR

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