Indian Kanoon - Search engine for Indian Law

14. In other words, the basic ingredients of offence under section 420 IPC would be cheating with the intention to deceive from the very inception of the promise or representation.

FORGERY

15. Section 463 to 477A of the IPC deals with the offences relating to forgery, forged documents and making or possessing counterfeit seal etc. with the intent to commit forgery and is covered under chapter 18 of the code which pertains to 'of offences relating to documents and property Marks. Section 463 defines the term forgery which is punishable under section 465 Digitally signed by ABHISHEK ABHISHEK KUMAR KUMAR Date: 2023.09.16 17:02:54 +0530 FIR No.423/2015, PS IGI Airport IPC. The offence of forgery is completed when a false document is prepared so that the same can be used as genuine. The making of false document is defined under section 464 IPC.

373. The definition of the offence of forgery declares the offence to be completed when a false document or false part of a document is made with specified intention. The questions are (i) is the document false, (ii) is it made by the accused, and (iii) is it made with an intent to defraud. If at all the questions are answered in the affirmative, the accused is guilty.

374. In order to constitute an offence of forgery the documents must be made dishonestly or fraudulently. But dishonest or fraudulent are not tautological. Fraudulent does not imply the deprivation of property or an element of injury. In order to be fraudulent, there must be some advantage on the one side with a corresponding loss on the other. Every forgery postulates a false document either in whole or in part, however small.

In short, a person is said to have made a "false document", if

(i) he made or executed a document claiming to be someone else or authorised by someone else; or (ii) he altered or tampered a document; or (iii) he obtained a document by practising deception, or from a person not in control of his senses.

18. Section 467 (forgery of valuable security, will etc.), Section 468(forgery for purpose of cheating) and section 471(using as genuine a forged document or electronically record) are the aggravated form of the offence of forgery and the condition precedent for these offences is the existence of forgery and the creation of false document or electronically record.

23. Upon careful scrutiny of the prosecution evidence, I have arrived at the conclusion that no proof has come on record that the accused was the maker of the forged Visa and in the absence of the same, he cannot be held liable for committing the forgery of the document. The judgment in case titled as Sheila Sebastian Vs. R. Jawaharaj & Anr. (Crl. App No.359-360 of 2010) passed by the Hon'ble Apex Court, supports the defence of the accused that he had not forged the document as it was held by the Hon'ble Apex Court that the charge of the forgery cannot be imposed on a person who is not the maker of the false document.