FORGERY
Cheating as an offence which is defined under Section 415 of the Act. According to Section 415, if one
person deceives another person and the person deceived acts on such deception, delivers property,
consent that any person shall retain property or causes injury or damage, the person deceiving would be
liable for cheating.
Section 417 of the Act provides the punishment for cheating. It is punishable with imprisonment of upto
one year or fine or both.
CASE: KR Kumaran v. State of Kerala
In this case, a doctor knowing that his patient is going to die, conspired with another person to issue a
life insurance policy and for doing this, the doctor certified that the person was perfectly healthy. The
court held the doctor liable under Section 420 for the offence of cheating and deceiving the insurance
company to earn benefits.
CHEATING AND DISHONESTLY INDUCING DELIVERY OF PROPERTY
Section 420 provides that a person who cheats another and dishonestly induces him to deliver property
or alter or destroy a valuable security shall be punished under this section. The punishment provided is
imprisonment of upto 7 years and fine.
CASE: Archana Rana v. State of Uttar Pradesh (2021) SC
The accused husband had tajen a sum of money from his wife to get his child employed. However, the
son did not get employment and when the wife demanded her money back, she was assaulted and
threatened by the husband. The Supreme Court held that an essential element in Section 420 is cheating
which needs to be proved beyond doubt. However, Section 420 is not invoked is this case as the
element of cheating is missing.
Section 463 to Section 477A deals with forgery. Section 463 defines forgery which can be stated as the
making of a false document in order for it to be used as genuine.
The ingredients necessary to invoke Section 463 are as follows
1. Person makes a document or a part of document.
According to Section 464, a person is said to make a false document if he does any of the
following
a. Dishonestly or fraudulently makes, signs, seals a document, transmit any electronic record
or affix digital signature to an electronic record
b. Without lawful authority, dishonestly or fraudulently alters a document or electronic record
made by another person
c. Causes a person who is unsound or intoxicated to sign or make a document, the nature of
which he is not aware of.
2. The document must be false
3. His intention is
a. To cause damage or injury to public or any person
b. To support a claim or title
c. To cause a person to part with his property
d. To enter in an express or implied contract
e. To commit fraud or that fraud may be committed
The punishment of forgery is provided under Section 465. It is a non-cognisable, non-compoundable and
bailable offence according to the first schedule of Code of Criminal Procedure.
FORGERY OF VALUABLE SECURITY
Section 467 lists down certain documents which if forged would be punished under this section. These
documents include valuable security, will, an authority to adopt a son, authority to transfer valuable
security to any person, authority to receive principle, interest or dividend on a valuable security.
Authority to receive or deliver money, movable property or valuable security, receipt acknowledging
payment of money, movable property or valuable security.
The punishment mentioned under this section is imprisonment for life or that extending upto 10 years
and also fine.
CASE: Kishan Lal v. State AIR 1976 SC 1139
The accused received a sum of money from postman by representing himself as the payee and signing
the postal acknowledgement in the name of the original payee. He was held liable for the offence under
Section 467.
PUNISHMENT FOR USING A FORGED DOCUMENT AS GENUINE
Section 471 provides the punishment for using a forged document as genuine when the person using it
has the knowledge or reason to believe that it is a forged document. The punishment for this offence is
the same as that of forgery provided under Section 465 i.e. imprisonment of upto 2 years or fine or
both.
CASE: Daniel Halley Walcott v. State of Madras AIR 1968 Mad 39
It was held by the court that using forged passports as an authentic one to gain entry in India is
punishable under Section 471.