Criminal Law Videos - IPC Section 465 (Punishment for Forgery)

IPC Section 465 lays down the punishment for the offence of forgery. Forgery means fraudulent making or alteration of any record, deed, writing, instrument, register, stamp, etc., to the prejudice of another man’s right. It is a false making of any written instrument for the purpose of fraud or deceit; including every alteration of or addition to a true instrument.

Forgery is the false making or materially altering with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of a legal liability.

According to Section 463 of the Indian Penal Code, “Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.”

The essential elements of forgery are as follows:

1. The documents or electronic record or the part of it must be false in fact;
2. It must have been made dishonestly or fraudulently within the meaning of the words used in Section 464;
3. The making of false document or electronic record should be with intent to:

1. Cause danger or injury to :

1. The public, or
2. To any other person;

1. Support any claim of title; or
2. Cause any person to part with property; or
3. Enter into any express or implied contract; or
4. Commit fraud or that fraud must be committed

So whoever commits the offence of forgery shall be punished with a term of imprisonment that may extend to two years, or with a fine or both. The offence is non-cognizable, bailable, non-compoundable and triable by a Magistrate of first class.