IPC Section 464 - Making a false document

464. Making a false document. 3[A person is said to make a false document or false electronic

record--

First.--Who dishonestly or fraudulently--

(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(c) affixes any 4[electronic signature] on any electronic record;

(d) makes any mark denoting the execution of a docum ent or the authenticity of the

4[electronic signature],

with the intention of causing it to be believed that such document or part of document, electronic

record or 4[electronic signature] was made, signed, se aled, executed, transmitted or affixed by or by the

authority of a person by whom or by whose authority he knows that it was not made, singed, sealed,

executed or affixed; or

Secondly.--Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise,

alters a document or an electronic record in any material part thereof, after it has been made, executed or

affixed with 4[electronic signature] either by himself or b y any other person, whether such person be

living or dead at the time of such alteration; or

Thirdly.--Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a

document or an ele ctronic record or to affix his 4[electronic signature] on any electronic record knowing

that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception

practised upon him, he does not know the contents of the document or electronic record or the nature of

the alteration.]

Illustration s

(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and

makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.

(b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the

intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque.

A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill

up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently

fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B's authority, intending to discount it as a genuine bill

with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by

leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.

(f) Z's will contains these words --"I direct that all my remaining property be equ ally divided between A, B and C. " A

dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C. A has committed

forgery.

(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words "Pay

to Z or his order " and signing the endorsement. B dishonestly erases the words "Pay to Z or his order ", and thereby converts the

special endorsement into a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same

estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the

estate to B before he conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally writes down a different legatee named by Z, and by representing to Z that he has

prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.

(j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of good character and in

distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other p ersons.

Here, as A made a false document in order to induce Z to part with property, A has committed forgery.

(k) A without B's authority writes a letter and signs it in B's name certifying to A's character, intending thereby to obtain

employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to

induce Z to enter into an express or implied contract for service.

Explanation 1.-- A man's signature of his own name may amount to forgery.

Illustration s

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person

of the same name. A has committed forgery.

(b) A writes the word "accepted" on a piece of paper and signs it with Z's name, in order that B may afterwards write on the

paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery;

and if B, knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty of forgery.

(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own

name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed

forgery.

(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z,

executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with

intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in

his own name, commits forgery by antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to defraud his creditors ;

and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a su m for value received,

and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has

committed forgery under the first head of the definition.

Explanation 2.-- The making of a false document in the name of a fictious person, intending it to be

believed that the document was made by a real person, or in the name of a deceased person, intending it to

be believed that the document was made by the person in his lifetime, may amount to forgery.

Illustration

A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person wi th

intent to negotiate it. A commits forgery.

1[Explanation 3.--For the purposes of this section, the expression "affixing 2[electronic signature]"

shall have the meaning assigned to it in clause ( d) of sub -section ( 1) of section 2 of the Information

Technology Act, 2000 (21 of 2000).]