Skip to main content

Section 467: Forgery


                                              Section 467: Forgery


In today's world, it's fairly usual to come across scenarios when someone receives an unauthorized benefit through forging. Forgery can take numerous forms, including signature forgery, document fabrication, electronic record forgery, and so on. It is well known that the Indian Penal Code, 1860, functions as Armour in defending Indian residents from different offences through its provisions. Forgery is also included in this category.


The production, addition, or alteration of any writing, record, instrument, stamp, register, deed, or other document in a false manner to the detriment of another individual's right is referred to as forgery. It is an illegal act motivated by the aim to defraud. When an instrument is forged, it is altered in such a way that it has legal value or can be used to establish legal liability if it is passed off as genuine.

According to Section 463 of the Indian Penal Code, 1860 forgery occurs when a person creates false documents or electronic records, or a portion of such documents or records, with the intent to cause injury or damage to the public or another person, or to support a particular claim or title, or to cause another person to part with property or enter into any express or implied contract, with the intent to commit fraud or that fraud may be committed. Wills, deeds, patents, cheques, certificates of authentication, identification documents, medical prescriptions, contracts, and other documents are frequently forged.

Elements of forgery as per Section 463 of IPC

  • The document or electronic record or the part of it should be false in fact

  • Such document or electronic record or any part of it should be created dishonestly or fraudulently

  • Such creation of a false document or electronic record or any part of it should be done with an intention to –

  • Cause injury or danger to the public or any individual.

  • Cause any individual to part with property.

  • Support any claim or title.

  • Enter into any express or implied contract.

  • Commit fraud or that fraud may be committed.

In the case of Sushil Suri v. CBI and Others, the aforementioned elements were established (2011). It is important to note that the term "fraud" in Section 463 of the IPC relates to the infringement of an individual's legal right, and that the purpose to defraud entails the intent to deceive and cause legal harm. A case of forgery, on the other hand, can only be made where there is an element of fraud in the creation of a fraudulent document or electronic record, or a portion of one.

General defenses to forgery

There are certain general defenses to protect oneself from the allegation of forgery, they are as follows –

  • Absence of intent– In every case of forgery, the element of intent is the most important component in determining the crime. As a result, if the person accused of forgery has no intention of committing the crime, they cannot be found guilty.

  • Coercion– If a person accused of forgery establishes that he was forced to conduct forgery as a result of coercion or any other threat leading to coercion, that person cannot be found guilty.

  • Lack of knowledge– If the person accused of forgery establishes that they had no knowledge that the document or legal instrument in question was forged, they will not be found guilty of forging.


Popular posts from this blog

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B