## IPC 464

### IPC 464 — Making a false document
- https://unisonlegal.in/statutes/ipc/464

> 464. Making a false document.-3[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 4[electronic signature] on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of the
4[electronic signature],
with the intention of causing it to be believed that such document or part of document, electronic
record or 4[electronic signature] was made, signed, sealed, executed, transmitted or affixed by or by the
authority of a person by whom or by whose authority he knows that it was not made, singed, sealed,
executed or affixed; or
Secondly.-Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an
electronic record in any material part thereof, after it has been made, executed or affixed with 4[electronic signature] either by
himself or by any other person, whether such person be living or dead at the time of such alteration; or
Thirdly.-Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic
record or to affix his 4[electronic signature] on any electronic record knowing that such person by reason of unsoundness of mind

1. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956).
2. The words "TRADE OR" omitted by Act 43 of 1958, s. 135 and Sch. (w.e.f. 25-11-1959).
3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
4. Subs. by Act 10 of 2009, s. 51, for "digital signature" (w.e.f. 27-10-2009).
IndiaCode
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or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or
electronic record or the nature of the alteration.]
Illustrations
(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum
1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.
(b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of
selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery.
(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently
fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.
(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque
by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting
the sum of twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B's authority, intending to discount it as a genuine bill with a banker and
intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the
security of B, and thereby to discount the bill, A is guilty of forgery.
(f) Z's will contains these words-"I direct that all my remaining property be equally divided between A, B and C." A dishonestly scratches
out B's name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.
(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words "Pay to Z or his order"
and signing the endorsement. B dishonestly erases the words "Pay to Z or his order", and thereby converts the special endorsement into a blank
endorsement. B commits forgery.
(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated
six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to
Z. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down a different legatee named by Z, and by representing to Z that he has prepared the
will according to his instructions, induces Z to sign the will. A has committed forgery.
(j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of good character and in distressed
circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false
document in order to induce Z to part with property, A has committed forgery.
(k) A without B's authority writes a letter and signs it in B's name certifying to A's character, intending thereby to obtain employment under
Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or
implied contract for service.
Explanation 1.-A man's signature of his own name may amount to forgery.
Illustrations
(a) 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.
(b) 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.
(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending
to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease
of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause
it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to defraud his creditors; and in order to
give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending
that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the
definition.
Explanation 2.-The making of a false document in the name of a fictious person, intending it to be believed that the document was made
by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may
amount to forgery.
Illustration
A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate
it. A commits forgery.
1[Explanation 3.-For the purposes of this section, the expression "affixing 2[electronic signature]" shall have the meaning assigned to it in
clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).]

