Whether a person can commit forgery by signing his own name?

Question: Whether a person can commit forgery by signing his own name’? [UPCJ 1991, Raj J 1977]

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Answer

Section 463 of the Indian Penal Code, 1860 defines the offence of forgery and Section 464 of IPC substantiates the same by providing an answer as to when a false document could be said to have been made for the purpose of committing an offence of forgery under Section 463 of the code.

Explanation 1 to section 464 provides that: 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’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.

Therefore, it is evident to say by virtue of Explanation 1 appended to section 464, that a person can commit ‘forgery by signing his own name’ which is also clear through the aforesaid illustrations.

In the case of Sheila Sebastian v. R.Jawaharaj, Criminal Appeal Nos. 359-360 of 2010, it was observed that 

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.

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