Introduction
The increasing technology is coming up with new ways of committing forgery. A person should well know the acts of forgery so that he should be protected from such acts and also from doing such acts.
The act of making a false document with intent to cause damage or injury is called a forgery. Forgery includes altering the documents when the documents are signed by the person is unaware by the contents of the document because of intoxication or unsoundness of mind or when a document is made by a person claiming to be someone else or allowed by someone else.
Basic Elements
According to section 463 of the Indian Penal Code, 1860, the basic elements of forgery are: 1. The making of any false document, false electronic record or part of a document or electronic record. 2. The intention must be to: (a) Cause damage or injury to the public or to any person or (b) Enter into any express or implied contract or (c) Commit fraud or (d) Support any claim or title or (e) Cause any person to part with the property.The intention of the acts of the forgery should be immediate and more possible rather than less likely. Mere preparation for the commission of forgery is not a crime. The specific definition of a false document is mentioned in section 464.
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to:
(i) two years, or
(ii) with fine, or
(iii) with both.
Aggravated Forms
The aggravated forms of forgery are mentioned in Sections 466 to 471. The act of forging a document like a marriage certificate, birth certificate, etc from the public servant shall be instituted as the forgery. We will term this act of forgery as of record of Court or of a public register under Section 466. This shall be punishable with the imprisonment for 7 years and with a fine. Valuable security or a will can also be forged, and it is punishable under Section 467 with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.
A forgery is also an act which is used to commit cheating.
Whenever forgery is used for the purpose of cheating: The person is liable to be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
When forgery is used for harming the reputation of the person: In this case, the act will be punishable with a term of three years and shall also be liable to fine.
Whenever any person uses a forged document or electronic record as a genuine one, then the act will be punishable as if the person has forged the document or the electronic record.
Conclusion
It is important to know about the act and consequences of forgery so we can keep ourselves and our near ones safe from it. With the increasing technology, there are many acts which can be termed as a forgery but we don’t have any knowledge about it. It is important to keep ourselves updated with the new acts.