Sections 463 and 464 Analysed | Indian Penal Code
The electronic way has changed all the systems. Electronic documents have changed the world and this is a simple way to get all the details. This electronic document is a foolproof document for one’s life decisions. This helps to generate the most important personal details of someone. These online documents need to be protected by the agencies. If someone makes the same document without the individual’s concern, then this is a crime. This comes under cybercrime and one should get the punishment. This blog will discuss the details of sections 463 and 464 of the IPC its judicial representation and its punishment.
Understanding Forgery Under IPC
Before getting into Sections 463 and 464, it is important to know about what forgery means in the legal term. In simple terms, forgery means the act of creating or making a duplicate of a document with fraudulent intent to harass others. It is considered a white-collar crime that can lead to a lot of penalties if proven in a court of law.
Forgery can be of many types, including:
- making a signature
- Duplicate legal documents
- Creating false currency or stamps
- Make duplicate property records
The IPC has detailed provisions to punish such fraudulent activities, and Sections 463 and 464 serve as the primary sections that match and describe the elements of forgery.
Section 463 of the IPC: Definition of Forgery
Section 463 of the IPC says:
“Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury to the public or 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.”
This section gives a comprehensive definition of forgery. The main elements that help to detect forgery under this provision include:
- Making a false document or false electronic record. The accused must create or duplicate a document to make it false. The term “false document” covers both physical and electronic records.
- Make some intent to cause damage or injury. The act must be done to cause harm to an individual or the public. This might include financial, reputational, or legal harm.
- Have some intent to support a false claim or title. If the fake document is used to create false ownership or claims, it comes under forgery.
- Causing a person to part with property or enter a contract. The fraudulent document must be created to harm someone by transferring assets or signing an agreement.
- If someone commits or is involved in a fraud. If the document is made with the intent to harm or enable some nonsense act, it will treated as forgery.
Section 464 of the IPC: Making a False Document
Section 464 gives the details of what constitutes the making of a false document:
“A person is said to make a false document or false electronic record—
(a) Who dishonestly or fraudulently makes, signs, seals or executes a document or electronic record, or part of a document or electronic record, making it false.
(b) Who, without lawful authority, dishonestly or fraudulently alters a document to make it false.
(c) Who causes another person to sign, seal, or execute a document while deceiving them about its contents.”
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