Indian Penal Code,1860
Act No : 45
Section :
Making a false document.
464. Making a false document.--A person is said to make a falsedocument- First.-Who dishonestly or fraudulently makes, signs, seals orexecutes a document or part of a document, or makes any mark denotingthe execution of a document, with the intention of causing it to bebelieved that such document or part of a document was made, signed,sealed or executed by or by the authority of a person by whom or bywhose authority he knows that it was not made, signed, sealed orexecuted, or at a time at which he knows that it was not made, signed,sealed or executed; or Secondly.-Who, without lawful authority, dishonestly orfraudulently, by cancellation or otherwise, alters a document in anymaterial part thereof, after it has been made or executed either byhimself or by any other person, whether such person be living or deadat the time of such alteration; or Thirdly.-Who dishonestly or fraudulently causes any person tosign, seal, execute or alter a document, knowing that such person byreason of unsoundness of mind or intoxication cannot, or that byreason of deception practised upon him, he does not know the contentsof the document or the nature of the alteration.----------------------------------------------------------------------1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".2. The words "Trade or" omitted by Act 43 of 1958, s. 135 and Sch. (w.e.f. 25-11-1959).----------------------------------------------------------------------204 Illustrations (a) A has a letter of credit upon B for rupees 10,000, written byZ. A, in order to defraud B, adds cipher to the 10,000, and makes thesum 1,00,000 intending that it may be believed by B that Z so wrotethe letter. A has committed forgery. (b) A without Z's authority, affixes Z's seal to a documentpurporting to be a conveyance of an estate from Z to A, with theintention of selling the estate to B and thereby of obtaining from Bthe purchase-money. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable tobearer, but without any sum having been inserted in the cheque. Afraudulently fills up the cheque by inserting the sum of ten thousandrupees. A commits forgery. (d) A leaves with B, his agent, a cheque on a banker, signed byA, without inserting the sum payable and authorizes B to fill up thecheque by inserting a sum not exceeding ten thousand rupees for thepurpose of making certain payments. B fraudulently fills up the chequeby inserting the sum of twenty thousand rupees. B commits forgery. (e) A draws a bill of exchange on himself in the name of Bwithout B's authority, intending to discount it as a genuine bill witha banker and intending to take up the bill on its maturity. Here, as Adraws the bill with intent to deceive the banker by leading him tosuppose that he had the security of B, and thereby to discount thebill, A is guilty of forgery. (f) Z's will contains these words-"I direct that all my remainingproperty be equally divided between A, B and C." A dishonestlyscratches out B's name, intending that it may be believed that thewhole was left to himself and C. A has committed forgery. (g) A endorses a Government promissory note and makes it payableto Z< for his order by writing on the bill the words "Pay to Z or hisorder" and signing the endorsement. B dishonestly erases the words"Pay to Z or his order", and thereby converts the special endorsementinto a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order todefraud Z of his estate, executes a conveyance of the same estate toB, dated six months earlier than the date of the conveyance to Z,intending it to be believed that he had conveyed the estate to Bbefore he conveyed it to Z. A has committed forgery. (i) Z dictates his will to A. A intentionally writes down adifferent legatee named by Z, and by representing to Z that he hasprepared the will according to his instructions, induces Z to sign thewill. A has committed forgery. (j) A writes a letter and signs it with B's name without B'sauthority, certifying that A is a man of good character and indistressed circumstances from unforeseen misfortune, intending bymeans of such letter to obtain alms from Z and other persons. Here, asA made a false document in order to induce Z to part with property, Ahas committed forgery. (k) A without B's authority writes a letter and signs it in B'sname certifying to A's character, intending thereby to obtainemployment under Z. A has committed forgery inasmuch as he intended todeceive Z by the forged certificate, and thereby to induce Z to enterinto an express or implied contract for service.205 Explanation I.-A man's signature of his own name may amount toforgery. Illustrations (a) A signs his own name to a bill of exchange, intending that itmay be believed that the bill was drawn by another person of the samename. A has committed forgery. (b) A writes the word "accepted" on a piece of paper and signs itwith Z's name, in order that B may afterwards write on the paper abill of exchange drawn by B upon Z, and negotiate the bills as thoughit had been accepted by Z. A is guilty of forgery; and if B, knowingthe fact, draws the bill upon the paper pursuant to A's intention, Bis also guilty of forgery. (c) A picks up a bill of exchange payable to the order of adifferent person of the same name. A endorses the bill in his ownname, intending to cause it to be believed that it was endorsed by theperson to whose order it was payable; here A has committed forgery. (d) A purchases an estate sold under execution of a decreeagainst 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 longperiod and dates the lease six months prior to the seizure, withintent to defraud A, and to cause it to be believed that the lease wasgranted before the seizure. B, though he executes the lease in his ownname, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effectswith B for A's benefit, and with intent to defraud his creditors; andin order to give a colour to the transaction, writes a promissory notebinding himself to pay to B a sum for value received, and antedatesthe note, intending that it may be believed to have been made before Awas on the point of insolvency. A has committed forgery under thefirst head of the definition. Explanation 2.-The making of a false document in the name of afictious person, intending it to be believed that the document wasmade by real person, or in the name of a deceased person, intending itto be believed that the document was made by the person in hislifetime, may amount to forgery. Illustration A draws a bill of exchange upon a fictious person, andfraudulently accepts the bill in the name of such fictitious personwith intent to negotiate it. A commits forgery.
