IPC Section 464: Making a false document

A person is said to make a false document or false electronic record:

First— Who dishonestly or fraudulently—

1. makes, sign, seals or executes a document or part of a document;
2. makes or transmits any electronic record or part of any electronic record;
3. affixes any digital signature on any electronic record;
4. makes any mark denoting the execution of a document or the authenticity of the digital signature, with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or by the authority or a person by whom or by whose authority he knows that it was not made, signed, 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 digital signature either by himself or by 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, sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

Illustrations

1. 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.
2. A without Z’ authority, affixes Z’ 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.
3. 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.
4. 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.
5. A draws a bill of exchange on himself in the name of B without B’ 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.
6. Z’ will contains these words-“I direct that all my remaining property be equally divided between A, B and C.” A dishonestly scratches out B’ name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.
7. A endorses a Government promissory note and makes it payable to Z for 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.
8. 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.
9. 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.
10. A writes a letter and signs it with B’ name without B’ 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 persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.
11. A without B’ authority writes a letter and signs it in B’ name certifying to A’ 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.

Explanations

1. A man’s signature of his own name may amount to forgery.

Illustrations

1. 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.
2. A writes the word “accepted” on a piece of paper and signs it with Z’ name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bills 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’ intention, B is also guilty of forgery.
3. 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.
4. 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.
5. A, a trader, in anticipation of insolvency, lodges effects with B for A’ 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 sum 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.

Explanations

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 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.

Illustrations

1. A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

Explanations

3. For the purposes of this section, the expression “affixing digital signature’ shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000.

IPC Section 464 Simplified Explanation

IPC Section 464 of the Indian Penal Code (IPC) defines the offence of making a false document. A document is deemed to be false if: 

1. It is made wholly or partly by forgery. 

2. It purports to be made by or on behalf of someone who did not authorise it. 

3. It is made in the name of an imaginary person and is intended to be believed as genuine. 

4. It is made with fraudulent intent, appearing in terms or particulars different from what it is. 

This section is crucial in understanding what constitutes forgery, as it outlines the conditions under which a document or electronic record can be considered false. Making a false document is the preliminary step in committing the offence of forgery. 

Is IPC Section 464 Bailable? 

IPC Section 464 does not prescribe whether the offence is bailable or non-bailable, as it primarily defines the act that constitutes making a false document. However, since it leads to forgery (covered under Section 465), which is typically non-bailable, the related offences under this section often follow the same criteria, being non-bailable. 

IPC Section 464 Punishment 

The specific Punishment for making a false document, as per IPC Section 464, is not outlined directly under this section. However, suppose making a false document leads to forgery, as defined under Section 465. In that case, the Punishment is imprisonment for a term that may extend to two years, with a fine or with both. 

Example of IPC Section 464 

A real-life example of an offence under IPC Section 464 could involve a person creating a fake property deed. Suppose an individual creates a deed falsely claiming they have the right to sell a piece of land they do not own. This deed is made without the consent of the actual owner. It is intended to deceive potential buyers into thinking the forger has legitimate ownership. If this fraud is uncovered, the person responsible could be charged under Section 464 for making a false document and further actions under Section 465 for forgery if they attempted to use this document for fraudulent transactions.