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"Whoever makes any false document or part of a document with intent to cause damage or injury...........or with intent to commit fraud or that fraud may be committed, commits forgery".

Making a false document is defined in S. 464 I. P. C., which runs as follows:--

"A person is said to make a false document-first-who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed 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 by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed.
The other two provisions of the section are omitted as they are not relevant for the purpose of the discussion in the case. "Forged document" is defined under Sec. 470 I. P. C. A false document made wholly or in part by forgery is designated 'a forged document'. The requirements to constitute the offence of forgery may be broadly stated as follows; (1) The document or the part of the document must be false in fact; (2) It must have been made dishonestly or fraudulently within the meaning of the words as used in Sec. 464 I. P. C. and (3) It must have been made with one of the intents specified under Section 463 I. P. C. (14) It is contended that the passport Ex. P-40 was issued by the competent authority and the document cannot be said to be forged though the particulars contained in page 2 of the passport (Ex. P-40-a) under the false signature of B. P. C. Comyn may be false and it is further contended that those particulars cannot be said to be a part of the document. Hence, it becomes necessary to consider whether the particulars contained in page 2 of Ex. P-40 constitute a part of the document. It appears that in the United Kingdom, to obtain a passport, the applicant must submit what is called a 'person, description slip' along with the application showing particulars relating to his profession, place and date of birth, country of residence, height, colour of hair and eyes and any other special mark and has to be signed by the applicant and this will be pasted to page 2 of the passport. This slip after it is pasted to the passport, undoubtedly becomes a part of the document, without which the passport cannot be recognised by the authorities writing the particulars themselves, the slip prepared by the applicant is placed in the passport as part and parcel thereof. The learned counsel had to concede that Ex. P-40(a), namely, page 2 of the passport might be a part of the document, but contends it was not made with intent to commit fraud or that fraud might be committed. It is true that if a document is merely false, it is not enough to bring it under the offence of forgery. The main element is, the false document must have been made with a fraudulent intention. There cannot be any doubt that the part of the document, viz., p. 2 in the passport is false. But the question is whether it was made with fraudulent intention. "Fraudulently" is defined in S. 25 of the I.P.C. It says that "a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise". This definition does not give much help as it is used tataulogically. The word 'fraud' or 'fraudulently' must be understood in the general and popular sense. It involves two elements namely, (1) deceit, and (2) injury caused or likely to be caused to the person deceived or someone else in consequence of the deception. If a person by deceiving another derives any advantage from it, which he could not have had, if the truth had been known, and thereby causes injury to the body, mind or reputation of the deceived, he commits fraud. In all case where an advantage has been obtained by the deceiver, there will be invariably an equivalent disadvantage in loss or risk of loss to the deceived or to someone else.