How to prove that a signature on a document is forged

In India, if a signature on a document is suspected to be forged, the party alleging the forgery can file an FIR with the police or a complaint with the court under Section 465, Indian Penal Code, 1860 which punishes the offence of forgery with imprisonment for a term which may extend to two years, or with fine, or with both. The following are the steps to prove that a signature on a document is forged:

1. File a complaint: The first step is to file a complaint with the police, providing them with the necessary evidence, such as the original document, the alleged forged document, and any other relevant evidence. The police will initiate an investigation and may also seek the help of handwriting experts to determine whether the signature is forged or not.

2. Expert Opinion: If the case goes to court, the party alleging forgery can present the opinion of a handwriting expert who can examine the signature and testify in court about whether the signature is genuine or forged. The court may also appoint its own handwriting expert for an independent opinion.

3. Comparison of Signatures: Another way to prove forgery is by comparing the signature on the disputed document with other documents that are known to have been signed by the same person. If the signature on the disputed document does not match the signatures on the other documents, it can be considered as evidence of forgery.

4. Cross-examination of Witnesses: The court may also cross-examine witnesses who have knowledge of the signature, such as witnesses who were present when the document was signed, to determine the authenticity of the signature.

Once it has been established that the signature on the document is forged, the court may take appropriate action, such as declaring the document null and void, and initiating legal action against the person responsible for the forgery.

1. Obtain Expert Opinion: The first step is to consult a handwriting expert. They can analyze the signature in question and provide a professional opinion on whether it is forged. Their expertise is crucial in establishing the forgery.
2. Collect Exemplars: To support your case, you should gather genuine samples of the person's signature (exemplars). These should ideally be from around the same time as the disputed signature. The court will use these exemplars for comparison.
3. File a Police Complaint: Report the suspected forgery to the police and file a complaint. They may conduct their investigation and may involve a forensic expert if necessary.
4. Document Examination Report: The forensic expert may issue a Document Examination Report detailing their findings regarding the signature's authenticity or forgery.
5. Legal Representation: Consult with an attorney experienced in forgery cases. They will guide you through the legal process, help you gather evidence, and represent your case in court.
6. Burden of Proof: In legal proceedings, the burden of proof rests on the party making the forgery claim. You will need to establish a strong case, primarily through the expert's testimony and evidence.
7. Cross-Examination: During the trial, the opposing party may cross-examine the handwriting expert to challenge their opinion. Your attorney should be prepared for this.
8. Court Proceedings: The court will evaluate the evidence presented, including the expert's opinion, exemplars, and any other relevant documents. They will make a judgment based on the preponderance of evidence.
9. Penalties: If the court determines that forgery has occurred, the penalties for signature forgery in India can include imprisonment and fines. The severity of the punishment depends on the specific circumstances of the case.