Today I would like to focus your attention to various types of ‘Forgery’ that take place. And also I would like to alert you and caution you of the consequences. 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” – SECTION 463 -Indian Penal Code.
MAKING A FALSE DOCUMENT: A person is said to make a false document or false electronic record –
I – who dishonestly or fraudulently :
makes, signs, seals or executes a document or part of document.
makes or transmits any electronic record or part of any electronic record,
affixes any digital signature (Electronic Signature) on any electronic record,
makes any mark denoting the execution of a document or the authenticity of the digital signature,
with the intention of causing it to be believed that such document or part of document, electronic record or digital signature (Electronic Signature) was made,signed,sealed, executed,transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed,executed or affixed or
II – Who, without lawful authority, dishonestly or fradulently,by cancellation or otherwise, alters a document or an electronicrecord in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or byany other person, whether such person be living or dead at the time of such alteration,or
III- Who dishonestly or fraudulently causes any person to sign, seal,execute or alter a document or an electronic recorder to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration.
A MAN’S SIGNATURE OF HIS OWN NAME MAY AMOUNT TO FORGERY!
A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed “FORGERY”
A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z executes a lease of the estate to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, Commits ‘FORGERY’.
MAKING OF A DOCUMENT IN THE NAME OF A FICTICIOUS 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 intent to negotiate it. A commits “FORGERY”.
TYPES OF FORGERY :
Forgery of record of Court or of Public Register etc.
Forgery of valuable security,Will etc.
Forgery for purpose of Cheating
Forgery for purpose of harming reputation
Using as genuine a forged Document or Electronic Record
Making or Possessing Counterfeit Seal etc. with intent to commit forgery
Making or Possessing Counterfeit Seal, etc.,with intent to commit forgery
Having possession of Documents knowing it to be forged and intending to use it as genuine.
Counterfeiting device or mark used for authenticating documents, Possessing Counterfeit marked material.
Fraudulent Cancellation, destruction, etc. of Will, authority to adopt, or valuable security.
Falsification of Accounts.
SECTION 465 IPC – PUNISHMENT FOR FORGERY:
Whoever commits forgery shall be punished with imprisonment of either description(Simple or Rigorous imprisonment) for a term which may extend to Two years or with Fine or with both.
“IGNORANCE OF LAW IS NO EXCUSE”
BE AWARE AND ALERT!
For any further information you may kindly contact me.