What amounts to the ‘making of a false document’ for constituting the offence of forgery?

Question: What amounts to the ‘making of a false document’ for constituting the offence of forgery?

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Answer

At the very basis of the offence of forgery is the making of a false document with the criminal intent to cause damage to any person. The making of a false document by itself is not punishable under the provisions of the ch XVIII of the IPC (dealing with ‘Offences Relating to Documents’) unless the document amounts to a forgery.

It is clarified in section 464, IPC, what amounts to making a false report or false electronic record. The person making a false report or a false electronic record commits falsification.

It is important that once created, the false report or the false digital record should either appear on its face or be one that, if it were real, would have some legal validity.

Section 464 defines three ways in which a false or incorrect electronic record or document can be made:

1. by making, reviewing, signing or executing a document or a part thereof; or by making or transmitting any electronic record or part thereof; or by adding an electronic signature to any electronic record;
2. by modifying a record or electronic record;
3. by causing a person who is innocent of the content or nature of the alteration made to a document or electronic record to sign, seal or execute the document.

To make a false document or a false electronic record means to make a document or an electronic record or part thereof, to perform a document or an electronic record or to sign a document or an electronic record in a fraudulent or deceptive manner. A fake report is also said to have been made when the signature, the seal or the date is incorrect.

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