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Showing contexts for: Forgery of document in State vs Sri Chand @ Sri Chand Rajoria on 9 December, 2023Matching Fragments
FORGERY
12. 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 IPC. The offence of forgery is completed when a false ABHISHEK ABHISHEK KUMAR KUMAR Date: 2023.12.09 17:04:49 +0530 State Vs. Sri Chand @ Sri Chand Rajoria Page No.6 of 18 FIR No.30/2012, PS IGI Airport 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.
15. 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 electronic record. Section 470 IPC defines a forged document which is a false document made wholly or in part by forgery.
17. In case titled as A.S. Krishnan & Ors. Vs. State of Kerala (2004) 11 SCC 576, wherein Hon'ble Apex Court observed as follows:
"The essential ingredients of Section 471 are: (i) fraudulent or dishonest use of document as genuine, and (ii) knowledge or reasonable belief on the part of person using the document that it is a forged one. Section 471 is intended to apply to persons other than the forger himself. but the forger himself is not excluded from the operation of the section. To attract Section 471, it is not necessary that the person held guilty under the provision must have forged the document himself or that the person independently charged for forgery of the document must of necessity be convicted, before the person using the forged document, knowing it to be a forged one can be convicted, as long as the fact that the document used stood established or proved to be a forged one. The act or acts which constitute the commission of the offence of forgery are quite different from the act of making use of a forged document. The expression "fraudulently and dishonestly" are defined in Sections 25 and 24 IPC respectively. For an offence under Section 471, one of the necessary ingredients is fraudulent and dishonest use of the document as genuine. The act need not be both dishonest and fraudulent. The use of document as contemplated by Section 471 must be a voluntary one. For sustaining conviction under Section 471 it is necessary for the prosecution to prove that the accused knew or had reason to believe that the document was a forged one. Whether the accused knew or had reason to believe the document in question to be forged has to be adjudicated on the basis of materials and the finding recorded in that regard is essentially factual".