IPC defines forgery while Section 464 IPC defines making a
false document. These two Sections read as under :-
"463. Forgery ... committed under Section 463, implying that
ingredients under Section 464 should also be
satisfied. Therefore unless and untill ingredients
under Section 463 are satisfied
penalised under Section 193 Indian
Penal Code and of making a false document and thereby
committing forgery within the meaning of Sections 463 ... Section 195(1)(b)(i), Section 195(1)(b)(ii) of the CrPC
speaks of offences described in Section 463, and punishable under
Sections
IPC.
16. Further in order to apply section 420 IPC, the essential
ingredients are:-
10
Cr.R. No. 5041/2018 ... offence of
forgery. The definition of forgery is provided under Section 463 IPC
and according to it, whoever makes any false documents
making the
inducement."
16. Further, under the IPC , the cheating is defined in Section 415
and on reading of the said provision ... offence of
forgery. The definition of forgery is provided under Section 463 IPC
and according to it, whoever makes any false documents
take cognizance -- (a) of
any offence punishable under Sections 172 to 188
of the Indian Penal Code, except on the complaint
in writing ... offence described in Section 463 or
punishable under Section 471, Section 475 or
Section 476 of the same Code, when such offence
is alleged
under sections 120-B
r/w. 406, 420, 463, 465, 468, 471 of IPC , sections ... offences under
sections 120-B , 406 , 420 , 463 , 465 , 468 , 471 of IPC,
sections
offence under Section 420 I.P.C., if not other sections and rest of the sections whether under those sections, offence is made out, could ... which it is held that unless and until ingredients under Section 463 I.P.C. are satisfied, a person cannot be convicted under Section
obtain the benefit and to gain profit, which
attracts Sections 463 & 464 of IPC. Therefore, the
materials especially charge sheet, panchanama ... Sections 120B, 408 and other IPC offences. The learned
13
counsel for the petitioner seriously contended that the
offence punishable under Sections 463
claim or title, with intent to commit fraud, the ingredients of Section 463 are
not satisfied. In the present case, there is no evidence ... intent to commit fraud, damage etc. and the
ingredient of Section 463 IPC is not satisfied.
23. In the decision rendered in Sardar
defined under Section 405 IPC so to constitute an offence under Section 409 IPC.
24. Similarly, ingredients of Section ... auction money would constitute an offence under Section 420 IPC.
25. As far Section 455 IPC is concerned
