Does the making of a false document in the name of a fictitious or deceased person amount to forgery? If so, under what circumstances?

Question: Does the making of a false document in the name of a fictitious or deceased person amount to forgery? If so, under what circumstances?

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Answer

Section 464 of IPC explains what amounts to making a false document or false electronic record. It describes three ways in which a false document or false electronic record can be made:

1. By making, sealing, signing, or executing a document or a part thereof; or by making or transmitting any electronic record or a part thereof; or by affixing any electronic signature on any electronic record;
2. By alteration of a document or an electronic record; or
3. By causing a person, who is innocent of the contents or nature of the alteration done to a document or an electronic record, to sign, seal or execute it.

Explanation 2—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

For example, A draws a bill of exchange upon a fictitious person and fraudulently accepts the bill in the name of such fictitious person with the intent to negotiate it. A is said to have committed forgery under section 464 which is made punishable under section 465 of IPC.

Therefore, it is evident to say by virtue of Explanation 2 appended to section 464, that making of a false document in the name of a fictitious or deceased person amount to forgery when it is made:

1. Intending it to be believed that the document was made by a real person, or in the name of a deceased person,
2. Intending it to be believed that the document was made by the person in his lifetime

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