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Is establishing personal benefit necessary to prove a case of forgery
29-Jun-2025 (In Criminal Law)
Is establishing personal benefit necessary to prove a case of forgery
Site a case law proving or disproving the above statement
No, establishing personal benefit is not necessary to prove forgery under Indian law. As per Section 463 of the IPC, forgery is committed when a person makes a false document with intent to cause damage or injury, to support a claim or title, or to cause any person to part with property or enter into a contract. The motive of personal gain is not essential. In Mohd. Ibrahim v. State of Bihar [(2009) 8 SCC 751], the Hon’ble Supreme Court held that even absence of benefit to the accused is immaterial if there is an intent to deceive or cause damage by creating a false document. Hence, the offence can be made out even if the accused does not derive a personal benefit.
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Adv. Lalit Kumar
Greater Noida | 50+ Answers
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yes sir there must be some proof of economic gain or economic loss to establish forgery mere signatures won't do unless there is monetary gain or loss please check ipc sections for forgery yes personal gain needs to be established
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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No, establishing personal benefit is not always necessary to prove forgery under Indian law. The essential ingredients are making a false document with intent to cause damage or injury, or to support any claim or title, or to cause any person to part with property. In Mohd. Ibrahim v. State of Bihar (2009) 8 SCC 751, the Supreme Court held that intent to defraud is the critical element, not merely deriving personal gain. Even if the accused does not obtain a benefit, the offence can be complete if there is an intention to cause wrongful loss or harm to another.
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Adv. Aprajita Shukla
Lucknow | 50+ Answers
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