IPC Section 463 - Forgery

Section 463: Forgery-

Whoever makes any false document 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.”

IPC Section 463: Explained In Simple Terms

Section 463 of the Indian Penal Code, 1860 (hereinafter referred to as “the Code”) defines the offence of forgery. It provides for the following:

• Forged Document: The document or the electronic record is fabricated, forged or altered dishonestly. This includes:
  • Falsifying signatures, seals, and important particulars.
  • Fabrication of a document intended to be genuine.
• Intention to Deceive or Commit Fraud: The accused must have:
  • The intention to cheat or defraud another.
  • Gain property, money, or any other undue advantage.
  • Cause a person to hand over property or enter a disadvantageous contract.
• Damage or Injury: The act must be targeted at causing injury, such as financial, reputational, or otherwise, to a person or the public.

Section 465 of the Code prescribes the punishment for forgery. It provides that whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The offence of forgery under the Code is deemed to be a serious offence. The offence of forgery undermines the trust in the legal order and system. The punishment prescribed for the offence of forgery leads to severe penalties depending on the gravity of the offense. The punishment also depends upon the other relevant applicable provisions provided under the Code.

Key Terms In IPC Section 463

Here are some crucial terms and concepts under Section 463:

• False Document: A document is fabricated, altered, or otherwise created dishonestly for the purpose of deception.
• False Electronic Record: Any computerized manipulated or even fabricated digital data to mislead
• Intent to Cause Damage or Injury: The intention to injure the other person or public interest.
• Support a Claim or Title: To assert possession or ownership over property or assets on the basis of forged documents against the owners.
• Fraudulent Intent: Deception to obtain an advantage or benefit
• Express or Implied Contract: Forcing a person to enter into an express or implied contract by forged means
• Parting with Property: Convincing or coercing a person to transfer the ownership of property through forged documents
• Document: Any material representation of information, whether written, printed, or electronic, recognized by law
• Electronic Record: Data generated, stored, or transmitted electronically, including emails, files, or digital signatures.

Key Details Of IPC Section 463

Illustrative Examples Of Forgery

• Creating a fake land deed to establish rights over immovable property.
• Altering figures in a company's financial statements to get loans.
• Forging someone's digital signature for authorising a transaction.

Case Law And Judicial Interpretations

Following are the landmark judgements related to the offence of forgery:

S. L. Goswami vs. High Court Of Madhya Pradesh At Jabalpur (1978)

In this case, the Court held that Section 466 of the Code is an offence that is covered by the definition contained in Section 463 of the Code. Section 463 of the Code defines forgery. For an act to qualify as forgery, following elements must be present:

• A false document or some part of it is caused to be made.
• The creation must be made with the intent prescribed in this section.

Section 466 is a form of aggravated forgery because it states that the forgery must refer to specific types of documents. One example is a document which purports to be a record or proceeding of or in a court of justice.

Sachida Nand Singh And Anr vs. State Of Bihar And Anr (1998)

In this case, the Court held that Section 463 of the Code, which defines the offense of forgery, comes within the ambit of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973. However, it has been held that prohibition in subsection (1)(b)(ii) of Section 195 applies only where forgery was committed with regard to a document when that document was in the custody of court. If the forgery was committed prior to when such a document was brought to the court, then this bar does not apply. This means that an individual can be charged with forgery through a private complaint even without the court lodging a complaint if the forgery act occurred before the document was received by the court.

Sheila Sebastian vs. R.Jawaharaj (2018)

The Court held that in order to succeed in a conviction under Section 465, it had to be first shown that forgery was committed under the definition of Section 463. This would thereby mean that the requirements of Section 464 must also be satisfied. Therefore, in absence of the requirements of Section 463, a person could not be convicted under Section 465 by mere reliance on the elements of Section 464 because the offence of forgery would be incomplete.

The court further elucidated that Section 463 defines the offence of forgery, whereas Section 464 supports it by stating the circumstances in which a false document can be said to have been made for the purpose of committing forgery under Section 463. Thus, Section 464 defines one element of forgery, namely the creation of a false document. Furthermore, Section 465 prescribes the penalty for committing the offence of forgery.

The court highlighted that a definition of “false document” and “forgery” must be taken together. Forgery and fraud, as such, are strictly matters of evidence, which could be established either directly or by inferences drawn from established facts.

Conclusion

Section 463 of the Indian Penal Code criminalizes forgery, emphasizing the creation of false documents or electronic records with fraudulent intent to deceive, harm, or gain an advantage. The provision is significant in protecting the legal order, preventing financial harm, and safeguarding public trust. While it carries serious penalties under Section 465, the application of safeguards ensures that the offense is prosecuted justly. However, for successful convictions, the intent behind the forgery must be clear and proven, requiring careful judicial scrutiny to balance justice with fairness.

FAQs

These are some Frequently Asked Questions related to IPC Section 463- Forgery

Q1. What constitutes forgery under Section 463 of the IPC?

Forgery involves making false documents or electronic records with the intent to deceive, defraud, or cause harm.

Q2. What is the punishment for forgery under IPC Section 465?

The punishment for forgery can include imprisonment for up to two years, a fine, or both.

Q3. Is forgery a bailable offense?

Yes, forgery under Section 463 is a bailable offence and triable by a Magistrate of First Class.

Q4. Can a false electronic record be considered forgery under Section 463?

Yes, a false electronic record can also be considered forgery if created with fraudulent intent.