Define Forgery. What are its ingredients?

Question: Define Forgery. What are its ingredients? [R.J.S. 1997]

Find the question and answer of IPC only on Legal Bites. [Define Forgery. What are its ingredients?]

Answer

Forgery, which is an offence under the Indian Penal Code 1860 is defined in section 463. The very basis of the offence of forgery is the making of false documents with the criminal intent to cause damage to any person.

The making of a false document by itself is not punishable in the Indian penal code (hereinafter referred to as IPC) under the provision of chapter XVII (dealing with the offence related to documents) unless the document amounts to a forgery. Forgery can thus be described as merely the means to achieve an end and ­­­­­the end is deception.

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:

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 a false document or electronic record should be with intent to:

1. 1. Cause danger or injury to: (i) the public, or (ii) to any person; or
   2. Support any claim or title; or
   3. Cause any person to part with the property; or
   4. Enter into any express or implied contract; or
   5. 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-

1. an intention to deceive and
2. 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 the 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:

1. to support any claim or title;
2. cause any person to part with the property;
3. enter into any implied or express contract; or
4. with intent to commit fraud. The first component, namely, intention to cause damage is intent complete in itself.

In the case of Rama Rao v. Narayan, AIR 1969 SC 724, it was held that the creation of a false document must be coupled with the purpose to inflict public harm engage in a contract or conduct fraud in order to fall under Section 463 of the Indian Penal Code.

Sheila Sebastian v. R. Jawaharaj, [Criminal Appeal Nos. 359-360 of 2010], Supreme Court, held that

“Keeping in view the strict interpretation of penal statute i.e., referring to rule of interpretation wherein natural inferences are preferred, we observe that a charge of forgery cannot be imposed on a person who is not the maker of the same. As held in plethora of cases, making of a document is different than causing it to be made.”

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