Chapter 13

FALSE DOCUMENT OR ELECTRONIC RECORD

Creating a false document or electronic record denotes creation of a document or an electronic record or execution of
the document or electronic record and signed such document in electronic form or by electronic signature fraudulently or
dishonestly; Vimla v. Delhi Administration, MANU/SC/0163/1962 : AIR 1963 SC 1572.

The provisions of section 464 deals with false document as follows:

464. Making a false document

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 electronic signature on any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the electronic signature,

with the intention of causing it to be believed that such document or part of document, electronic record
or electronic signature was made, signed, sealed, 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, 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
electronic 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 to sign, seal, execute or alter a document or an
electronic record or to affix his 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.

Illustrations

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

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 (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 payment. 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 S'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 S, and thereby to discount the bill, A is guilty of forgery.

(f) Z's will contains the these words--"I direct that all my remaining property be equally 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 from the 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 persons. 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 in as much 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.

Illustrations

(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

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 name. A endorses the bill in his own name, intending to cause it to be believed that it was
endorsed by the person 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 of 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 8 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.

Explanation 2.--

The making of a false document in the name of a fictitious 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 fictitious person, and fraudulently accepts the bill in the
name of such fictitious person with intent to negotiate it. A commits forgery.

Explanation 3,--

For the purposes of this section, the expression "affixing electronic signature" shall have the
meaning assigned to it in clause (d) of subsection (1) of section 2 of the Information Technology
Act, 2000 (21 of 2000).

A false document, electronic record or electronic signature can be made in the following manner:

(a) by making, electronically signing, sealing or executing a document;

(b) by causing a person, who is innocent, of the contents or nature of the alteration of a document or an
electronic record;

(c) by affixing any electronic signature on any electronic record.

© Universal law Publishing Co.

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