Sections 463 to 477A

THE INDIAN PENAL CODE, 1860


CONTENTS


CHAPTER XVIII


OF OFFENCES RELATING TO DOCUMENTS


AND TO PROPERTY MARKS

1



463. Forgery


464. Making a false document


465. Punishment for forgery


466. Forgery of record of court or of public register, etc.


467. Forgery of valuable security, will etc.


468. Forgery for purpose of cheating


469. Forgery for purpose of harming reputation


470. Forged document


471. Using as genuine a forged document


472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable
under section 467


473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable
otherwise


474. Having possession of document described in section 466 or 467, knowing it to be forged
and intending to use it as genuine


475. Counterfeiting
device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material


476. Counterfeiting
device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material


477. Fraudulent cancellation, destruction, etc. of will, authority to adopt, or valuable
security


477A. Falsification of accounts


CHAPTER
XVIII


OF OFFENCES
RELATING TO CODUMENTS


AND TO 1[*
* *
] PROPERTY MARKS

1


1. The words “TRADE OR” omitted
by Act 43 of 1958, sec.135 and sch. (w.e.f.25-11-1959).


463. Forgery: - Whoever makes any false
documents or part of a document 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.


464. Making a false
document
:
-- A person is said to make a false document—


First—Who dishonestly or
fraudulently makes, signs, seals or executed a document or part of a document,
or makes any mark denoting the execution of a document, with the intention of
causing it to be believed that such document or part of a document was made,
signed, sealed or executed by or by the authority of a person by whom or by
whose authority he knows that it was not made, signed, sealed or executed, or
at a time at which he knows that it was not made, signed, sealed or executed;
or


Secondly—Who, without lawful authority,
dishonestly or fraudulently, by cancellation or otherwise, alters a document in
any material part thereof, after it has been made or executed 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,
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 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 delivered by B that Z so wrote
the letter. A has committed forgery.


(b) A, without Z’s authority affixes Z’s seal
to 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.


(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 payments. B fraudulently fills up the cheque by
inserting the sum or twenty thousand rupees. B commits forgery.


(e) A draws a bill of exchange on himself in
the name of B without B’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 B, 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 for 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 form 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 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 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.


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
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.


465. Punishment for forgery:-- Whoever commits forgery
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.


466. Forgery of record of court or of public
register, etc.
:
-- Whoever forges a document, purporting to be a record or proceeding of or in
a Court of Justice, or a register of birth, baptism, marriage or burial, or a
register kept by a public servant as such, or a certificate or document
purporting to be made by a public servant in his official capacity, or an
authority to institute or defend a suit, or to take any proceedings therein, or
to confess judgment, or a power of attorney, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.


467. Forgery of valuable security, will,
etc.
: -
Whoever forges a document which purports to be a valuable security or a will,
or an authority to adopt a son, or which purports to give authority to any
person to make or transfer any valuable security, or to receive the principal,
interest or dividends thereon, or to receive or deliver any money, moveable
property, or valuable security, or any document purporting to be an acquittance
or receipt acknowledging the payment of money, or an acquittance or receipt for
the delivery of any moveable property or valuable security, shall be punished
with 1[imprisonment for life],
or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.


1. Subs. by Act 26 of 1955, s. 117 and
Sch., for “transportation for life” (w.e.f. 1-1-1956).


468. Forgery for purpose of
cheating:
-
Whoever commits forgery, intending that the document forged shall be used for
the purpose of cheating, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.


469. Forgery for purpose of
harming reputation: --
Whoever commits forgery, intending that the document forged shall harm
the reputation of any party, or knowing that it is likely to used for that
purpose, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.


470. Forged document:-A false document made
wholly or in part by forgery is designated “a forged document”.


471. Using as genuine a forged
document
:
--Whoever fraudulently or dishonestly uses as genuine any document which he
knows or has reason to believe to be a forged document, shall be punished in
the same manner as if he had forged such document.


472. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable under section
467
: --
Whoever makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing
any forgery which would be punishable under Section 467 of this Code, or, with
such intent, has in his possession any such seal, plate or other instrument,
knowing the same to be counterfeit, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.


1.
Subs. by Act 26 of 1955, sec. 117
and sch., for “transportation for life” (w.e.f. 1-1-1956).


473. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable otherwise
:-Whoever makes or
counterfeit any seal, plate or other instrument for making an impression,
intending that the same shall be used for the purpose of committing any forgery
which would be punishable under any section of this Chapter other than Section
467, or, with such intent, has in his possession any such seal, plate or other
instrument, knowing the same to be counterfeit, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.


474. Having possession of
document described in Section 466 or 467, knowing it to be forged and intending
to use it as genuine
:-Whoever has in his possession any document, knowing the same to be forge,
and intending that the same shall fraudulently or dishonestly be used as
genuine, shall, if the document is one of the description mentioned in section
466 of this Code, be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine ; and if
the document is one of the description mentioned in section 467, shall be
punished with 1[imprisonment
for life], or with imprisonment of either description, for a term which may
extend to seven years, and shall also be liable to fine.


1.
Subs. by Act 26 of 1955, sec. 117
and sch., for “transportation for life” (w.e.f. 1-1-1956).


475. Counterfeiting device or
mark used for authenticating documents described in Section 467, or possessing
counterfeit marked material
: -- Whoever counterfeits upon, or in the substance or, any material,
any device or mark used for the purpose of authenticating any document
described in Section 467 of this Code, intending that such device or mark shall
be used for the purpose of giving the appearance of authenticity to any
document then forged or thereafter to be forged on such material, or who, with
such intent, has in his possession any material upon or in the substance of
which any such device or mark has been counterfeited, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.


1.
Subs. by Act 26 of 1955, sec. 117 and
sch., for “transportation for life” (w.e.f. 1-1-1956).


476. Counterfeiting device or mark used for
authenticating documents other than those described in Section 467, or
possessing counterfeit marked material
: -- Whoever counterfeits upon, or in the substance
of, any material, any device or mark used for the purpose of authenticating any
document other than the documents described in Section 467 of this Code,
intending that such device or mark shall be used for the purpose of giving the
appearance of authenticity to any document then forged or thereafter to be
forged on such material, or who with such intent, has in his possession any
material upon or in the substance of which any such device or mark has been
counterfeited, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.


477. Fraudulent cancellation, destruction,
etc., of will, authority to adopt, or valuable security
: --Whoever fraudulently or
dishonestly, or with intent to cause damage or injury to the public or to any
person, cancels, destroys or defaces, or attempts to cancel, destroy or deface,
or secretes or attempts to secrete any document which is or purports to be a
will, or an authority to adopt a son, or any valuable security, or commits
mischief in respect of such document, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.


1.
Subs. by Act 26 of 1955, sec. 117
and sch., for “transportation for life” (w.e.f. 1-1-1956).


3[477A. Falsification of accounts: -- Whoever, being a
clerk, officer or servant, or employed or acting in the capacity of a clerk,
officer or servant, willfully, and with intent to defraud, destroys, alters,
mutilates or falsifies any book, paper, writing, valuable security or account
which belongs to or is in the possession of his employer, or has been received
by him for or on behalf of his employer, or willfully, and with intent to
defraud, makes or abets the making of any false entry in, or omits or alters or
abets the omission or alteration of any material particular of any material
particular form or in, any such book, paper, writing, valuable security or
account, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.


Explanation—It shall be sufficient in
any charge under this section to allege a general intent to defraud without
naming any particular person intended to be defraud without naming any
particular person intended to be defrauded or specifying any particular sum of
money intended to be the subject of the fraud, or any particular day on which
the offence was committed.]


1[Of] 2 [***] Property and Other Marks


1. Subs. by Act 4 of 1889, sec.3, for the
original heading and sections 478 to 489.


2. The
word “Trade,” omitted by Act 43 of 1958, sec.135 and sch., (w.e.f. 25-11-1959).


3.
Added by Act 3 of 1895, sec.
4.


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