Topics on Forgery that can help for an Informed Decision.
Forgery: Let’s try to understand Forgery!
Legal Guide to Forgery.
Have you ever copied your parent’s signature on the report card? Ever received a fake currency note? If your answer is in the affirmative for either of those questions - you’ve been a victim of forgery!
As per the legal definition of Forgery it is an act of making a false document. It could include various acts and varies among a signature, a will, an agreement, a certificate, currency, etc. The intent of the person committing forgery is to defraud another and to mislead him into believing that the forged document is true, thereby inducing such other person to part with his valuable assets.
For instance, A and B are two brothers whose father died without creating a will for them. A approaches B with a fake will, claiming it to be the original will of their father, which states that all the assets are to be transferred in the name of A, leaving B nothing. A has even copied the signature of his father on the will. A has committed the offence of forgery against his brother B.
The punishment for committing an act of forgery against an innocent person is given under Section 465 of the Indian Penal Code, 1860 which is imprisonment for two years with or without fine.
Been a victim of Forgery, read this legal guide to know the steps and procedure of filing a complaint against forgery.
Let’s understand Important things about forgery.
Forgery is the deceitful alteration of a writing in order to prejudice the right of another man. It is committed with an intention to cause harm to another.
For example when a student digitally alters an official document like an attendance sheet in order to qualify for final examination, the intention of the student is to cheat the college authorities.
- A person must make either a completely false document or alter a part of document in such a way that it transforms the whole meaning of the document,
- The intention of the wrongdoer must be to cause damage or injury directed towards either general public or a particular individual, or
- The intention of the wrongdoer must be to support a claim, or
- The intention must be to make a person separate himself from his property, or
- The intention must be to make a person enter into a contract, either verbal or written, or
- The intention must be to either commit fraud or make another commit fraud.
Forgery implies to every instrument which deceptively appears to be that which it is actually not. The primary object of forgery is usually to cheat or to result in wrongful distribution or misappropriation of property by using the aid of a false document.
Under the Indian Penal Code 1860, the law relating to forgery has been given. Sections 463 to 477- A of the Code explain the definition, essentials, punishment and different kinds of forgery. Punishment against forgery includes civil damages for losses caused by an act of forgery, as well as criminal consequences including imprisonment or fees.
Section 465 generally lays down the punishment for forgery, stating that a person responsible for committing forgery shall be punished with imprisonment extending to two years or with fine or both. Apart from this, punishment for specific instances of forgery has been provided in the subsequent sections which state that:
- Forgery of record of court or of public register, etc shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
- Forgery of valuable security shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
- Forgery for purpose of cheating shall result in imprisonment for a term which may extend to seven years, and shall also be liable to fine.
- Forgery for purpose of harming reputation of another person shall result in imprisonment for a term which may extend to three years, and shall also be liable to fine.
The cases of forgery and cheating have drastically increased over the last few years. Both, cheating and forgery, are considered as crimes against property of a person. No matter how similar they might sound in common parlance, cheating and forgery are not the same. Some of the main differences between them are as follows-
Making a false document including signs, seals or stamps.
Wilful deception by someone for the purpose of monetary gain
Mode of offence
Forgery is committed by counterfeiting documents.
Cheating is committed by impersonation
A movable or immovable property through a document.
A person or a person’s property.
Forgery can be committed for the purpose of cheating.
Cheating is a wide offence which includes forgery under its ambit.
Imprisonment for 2 years and/or fine
Imprisonment for 7 years and/or fine