Difference between Forgery and Making a False Document

Difference Between Forgery and Making a false document

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:45 PM IST

The Crime of Forgery and Making a False Document are both serious crimes in India as per the Indian Penal Code 1860. Section 463 of the Indian Penal Code 1860 lays down the definition of Forgery and Section 464 of the Code deals with which addresses whether, per Section 463 of the Indian Penal Code, 1860, a fraudulent document may be deemed to have been created with the purpose to commit forgery. The Indian Criminal Code, 1860, Section 465, stipulates the penalties for committing the crime of forgery.

This Story also Contains

Meaning of Forgery
Essentials of Section 463
Essential Elements of Forgery
Various Provisions on Forgery Under IPC
Punishment for Forgery
Difference Between Forgery and Making a False Document
Case Laws on Forgery
Conclusion

Difference Between Forgery and Making a false document

Meaning of Forgery

The meaning of Forgery in Contract Law is making a false document to establish any fact that is in issue. The Crime of forgery is committed with the intent to defraud someone or establish something fake and false. A person to defraud someone or any Government authority by introducing any false document can be said to have committed the crime of forgery.

The Forgery is defined under Section 463 of the Indian Penal Code and Section 464 of the Indian Penal Code 1860 lays that whether a document produced is been established with an intent to defraud anyone or commit a crime. Section 465 of the Indian Penal Code deals with the punishment for Forgery and publishing a fake document.

Essentials of Section 463

Forgery is the making of a false document to defraud someone or to establish any fake fact. Section 463 deals with the crime of Forgery and lays the essential conditions to constitute the crime of forgery. The Essentials conditions laid down by the Section are given below-

The document has to be fictitious or phoney.
must harm the general public or any individual.
dishonestly modifies the claim or title of someone.
impacts a person's property title
Make someone give up something they own.
It is an offence for which there is no compounding or recognition.

Essential Elements of Forgery

Making of a False Document

The creation of a fraudulent document or electronic record is the first need for someone to be held accountable for the crime of forging. Section 464 gives the justification for the person's alleged document forgery. Put another way, Section 464 makes clear what exactly qualifies as forging a false document or electronic record. The document merely has the legal capacity to thwart the intended scam; publication or preparation in the name of an already-existing person is not a prerequisite.

In the case of, Mohd. Ibrahim v. State of Bihar

In this case, the Supreme Court held that A person is considered to have made a false document if they create or execute a document pretending to be someone else or have permission from someone else, alter or tamper with a document, obtain a document through deception, or obtain a document from someone who is not in control of their senses.

With the Intention To cause injury to another person

The second need is that the fraudulent document must have been intended to cause harm or Damage to the general public or any specific person. In Sanjiv Ratanappa v. Emperor, AIR 1932 Bom. 545, the court decided that if a police officer alters his diary in any way to indicate that he had not been keeping any particular person under observation, he will not be held accountable for the crime of forgery because there is no possibility of harm or damage to other people. Therefore, under Section 463 of the IPC, the person will not be held accountable if there is no loss or injury to any individual.

To Support any title or claim

If someone forges documents to support a claim they have legal ownership over can be held accountable under section 463.

With a Fraudulent Purpose

In certain situations, someone may be held accountable if they fabricate a document to defraud the other party. Fraud requires the intent to deceive to be considered.

To Cause harm to any person or Property

It does not matter if the property was there at the time the false document was prepared or if the person's goal was to cause harm or damage to another person by falsifying a document.

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Various Provisions on Forgery Under IPC

Section 464- Making a False Document

Section 464 of the Indian Penal Code 1860 lays down the provisions for Making a false document with the intent to defraud someone or establish something fake and unlawful. A person is considered to have made a fraudulent document or false electronic record under this section.

when someone creates, signs, seals, executes or transmits any document with the right kind of evil intent. when someone modifies a document without the proper authorization. when a dishonest person attempts to persuade another person to carry out the same tasks on their behalf.

Section 466- Forgery of Public Document or Court Records

The falsification of court documents, public register entries, etc., is covered by Section 466 of the IPC. It states that anyone who falsifies a birth, marriage, baptism, or burial registry, or an electronic record that seems to be a court of justice record or action a power of attorney, a certificate or a document purporting to have been created by a public servant in his official capacity, or a register kept by a public servant in that capacity, shall be punished by imprisonment of either kind for a term that may not exceed seven years, as well as a fine. or the power to file a lawsuit, defend one, take any action related to it, or admit a verdict.

Section 467- Forgery of Will or Valuable Security, etc

The IPC's Section 467 addresses forgeries of valuable securities, wills, etc. According to this, anyone who forges a document posing as a will, valuable security, an authority to adopt a son, or one that enables someone else to create or transfer valuable security, receive its principal, interest, or dividends, or receive or deliver money is guilty of these offences. valuable security, movable property, or any document claiming to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any of these items, will be punished with a fine and/or life in prison, with the possibility of both types of imprisonment lasting up to ten years.

Section 468- Forgery Committed for Cheating

The IPC's Section 468 addresses forgeries committed with the intent to deceive. The law stipulates that anyone found guilty of forgery with the intent to use the falsified document or electronic record for fraudulent purposes faces up to seven years in jail of any kind in addition to a significant fine.

Section 469- Forgery to Harm Someone's Reputation

The IPC addresses forgeries with the intent to cause reputational injury in Section 469. It says that whoever commits forgery with the knowledge that it will be used for that purpose or with the intent for the forged document or electronic record to damage someone's reputation will be punished with up to three years in prison of any kind in addition to a fine.

Section 470 and 471- Forged Document

The categories of documents that fall under the purview of falsified documents are defined in Section 470, while Section 471 establishes the consequences for anybody who presents a fabricated document as authentic or legal. However, for someone to be held accountable under this clause, they must have used the allegedly falsified document and had knowledge of it or a reasonable suspicion that it was forged.

Section 472 and 473- Making of Counterfeits Seals or Plate, etc

A seal, plate, or other instrument that is made or counterfeited to forge valuable security, a will, or other papers listed in Section 467 of the Code is considered to be in the possession of the forger. A person found guilty in such a case faces life in prison or a sentence of up to seven years in jail together with a fine.

Section 474- Possession of a Forged Document

If someone has a forged document or electronic record and uses it dishonestly or fraudulently as a legitimate document, they will be punished under this clause. He will be punished by life in jail or a period of up to seven years in prison and a fine.

Section 475 and 476- Counterfeiting any Material

A person will be held accountable under section 475 if they counterfeit any material or equipment with the intent of using it to authenticate any document that is covered by section 467 of the same code. If someone counterfeits something to use it to authenticate a document that isn't protected by section 467 of the same code, they will be held liable under section 476 of the same code.

Punishment for Forgery

The sanctions for forgeries are covered by Section 465 of the IPC. It states that the maximum penalty for anyone found guilty of forgery is two years in any type of jail, a fine, or both.

The main difference between forging and cheating is that oral deception is involved in forging, whereas written documents are involved in forgeries.
The essential element of the crime of forgery is creating a false document to harm another person.
It may only be assumed that the concept of forgery found in Sections 463 and 464 of the Indian Criminal Code, 1860, applies to forgeries that include the components of dishonesty and harm.
The production of false documents is the core of forgery. Any documents or portions of documents bearing another person's seal or signature, even when the signer is aware that the document is not theirs and that they were not given permission to do so, are considered false. Put differently, any document that has the name or seal of someone who did not truly sign or seal it is fake, or at least a portion of it is.
Executing a sale deed under false pretences of being the owner or claiming to be falsely authorized or permitted by the owner to execute the deed on the owner's behalf is fundamentally different from the execution of a sale deed by someone asserting that the property conveyed is his own. The latter is an example of forgery, not the former.
When someone signs a document transferring property and claiming it as his, two things happen. The first issue is that he sincerely feels that the property is his. The second is that he can fraudulently or dishonestly portray anything as his own even while he is aware that it is not. The notion of forgery does not apply in these two situations.

Case Laws on Forgery

In the case of, State of Orissa v. Rabindra Nath Sahu

In this case, The Orissa High Court ruled that while the accused need not have committed the crime of cheating to be charged under Section 468, it is a material fact that the accused must have committed forgery intending to use the forged document for fraudulent purposes. If the accused utilised the falsified document to commit cheating, he may be held accountable under Section 468 in addition to the cheating offence.

In the case of Kishan Lal v. State

In this case, The accused signed the postal acknowledgement in the name of the original payee after claiming to be the payee when he wasn't and accepted the money from the postman. The court determined that the accused is accountable for the offence under section 467 of the IPC.

Conclusion

This article is all about the offence of Forgery and Creating a False Document. Section 463 of the Indian Penal Code 1860 deals with the offence of Forgery and 465 defines the criteria under which a false document can be termed as forgery. Section 465 of the IPC deals with the punishment of Forgery. Forgery according to the code means the creation of a document to defraud something or to establish something false and unlawful. The article consists of the various provisions of Forgery given under IPC and the difference between Forgery and Making a False Document.

Frequently Asked Questions (FAQs)

1. What is the difference between Forgery and Making a False Document?

The creation of a counterfeit document and the malicious intent are the essential components of forgery.

2. What are fake or False Documents?

Phoney documents are fraudulent documents that mimic real identification documents or authentic paperwork.

3. What is a Forgery Document?

an unauthorized duplicate of a paper, artwork, etc., or the offence of producing such unauthorized copies:

4. What are the three types of Forgery?

Forgeries of signatures, artwork, and documents are the three most prevalent kinds of forgeries.

5. Which section of IPC deals with Forgery?

Section 463 of IPC deals with Forgery.

6. Can a document be considered forged if no physical alterations were made?

Yes, a document can be considered forged even without physical alterations. Forgery can also include using a genuine document in a fraudulent manner, such as signing someone else's name without authorization or using a real document for purposes it wasn't intended for.

7. Is it possible to commit forgery with digital documents?

Absolutely. Forgery isn't limited to physical documents. Digital forgery can include altering electronic signatures, modifying PDF files, or manipulating digital contracts. As technology advances, so do the methods of digital forgery.

8. How does the concept of "uttering" relate to forgery and false documents?

"Uttering" refers to the act of knowingly using or attempting to use a forged or false document as if it were genuine. It's often charged alongside forgery or making false documents, as it's the act of putting the fraudulent document into circulation or use.

9. What is the significance of the term "material" in relation to forgery and false documents?

In legal terms, a "material" alteration or falsehood is one that has the potential to affect the obligations, rights, or legal status represented by the document. For an act to be considered forgery or making a false document, the change or falsehood typically needs to be material – i.e., significant enough to change the document's meaning or effect.

10. Is it possible to commit forgery or make a false document unintentionally?

While it's possible to make mistakes in document creation or alteration, both forgery and making a false document typically require intent to deceive. Unintentional errors usually don't meet the legal definition of these crimes. However, negligence in handling or creating important documents can still have legal consequences.

11. What is the key difference between forgery and making a false document?

The key difference lies in the intent and action. Forgery involves altering an existing genuine document, while making a false document involves creating an entirely new document that is not genuine from the start. Forgery modifies something real, while a false document is fabricated from scratch.

12. What are the legal consequences of making a false document compared to forgery?

Both offenses are serious, but the consequences can vary. Generally, forgery is often considered more severe as it involves tampering with an existing legitimate document. However, the exact legal consequences depend on the jurisdiction, the nature of the document, and the intent behind the act.

13. If someone creates a fake ID using their own photo but false information, is it forgery or making a false document?

This would typically be considered making a false document rather than forgery. The person is creating an entirely new document with false information, not altering an existing legitimate ID. However, both acts are illegal and can result in serious legal consequences.

14. Can unintentional mistakes in document creation be considered as making a false document?

Generally, no. Making a false document typically requires intent to deceive. Unintentional mistakes or errors in document creation, while potentially problematic, usually don't meet the legal definition of making a false document if there was no intention to mislead or defraud.

15. Is it considered forgery if someone signs a document on behalf of another person with their permission?

If someone signs a document on behalf of another person with their explicit permission, it's generally not considered forgery. However, it's crucial to have clear authorization and, in many cases, to indicate that the signature is made on behalf of the other person (e.g., "John Smith by Jane Doe").

16. What is the significance of "mens rea" in cases of forgery and making false documents?

"Mens rea," or guilty mind, is crucial in these cases. Both forgery and making false documents require intent to deceive or defraud. Without this mental element (mens rea), the act might not be considered a crime, even if a document was altered or a false document was created.

17. Can a person be charged with forgery for signing their own name on a document?

Generally, signing your own name isn't forgery. However, if you're signing your name to a document you know to be false or altered, or if you're misrepresenting your identity or authority, it could still be considered a form of fraud or making a false document.

18. Can a person be charged with forgery for backdating a document?

Backdating a document can be considered forgery if done with intent to deceive. It involves altering the true date of a document, which can materially change its meaning or legal effect. However, some forms of backdating may be legal if all parties agree and it's not done to deceive others or violate laws.

19. Can forgery or making a false document be committed through omission rather than action?

While these crimes typically involve active creation or alteration, in some cases, omission can play a role. For instance, intentionally leaving out crucial information on a document that materially changes its meaning could be seen as making a false document. However, pure omission is less common in forgery cases.

20. How does the concept of "authentication" relate to forgery and false documents?

Authentication is the process of verifying that a document is genuine. It's crucial in detecting both forgery and false documents. For forged documents, authentication might reveal alterations to an otherwise genuine document. For false documents, authentication would show that the entire document lacks legitimacy.

21. Can a person be charged with forgery for using a digital filter to alter a photo ID?

Yes, using a digital filter to alter a photo ID could be considered forgery. Even though it's done digitally, it's still an alteration of an official document with the intent to misrepresent. The severity might depend on the extent of the alteration and the intended use of the altered ID.

22. How does the law view situations where someone creates a composite document from genuine parts?

Creating a composite document from genuine parts with intent to deceive would typically be considered forgery. Even though the individual components might be genuine, combining them to create a misleading document alters their original context and meaning, which is a form of document manipulation.

23. What is the legal perspective on using false documents for identity protection, such as celebrities using aliases?

Using false documents, even for privacy reasons, is generally illegal. Celebrities or others seeking privacy should use legal methods like stage names or privacy trusts. Using false official documents, regardless of the reason, can still be considered making false documents and may result in legal consequences.

24. Can a person be charged with forgery or making a false document if they believed they had authority to create or alter the document?

If a person genuinely believed they had the authority to create or alter a document, it might affect the "intent" element of the crime. However, this belief would need to be reasonable. Mistaken belief doesn't automatically prevent charges, but it could be a defense argument in some cases.

25. How does the concept of "passing off" relate to forgery and false documents?

"Passing off" involves misrepresenting something as genuine when it's not. In document contexts, it's closely related to uttering – the act of knowingly using a forged or false document. Passing off can apply to both forged documents (altered genuine ones) and entirely false documents.

26. Can electronic signatures be subject to forgery?

Yes, electronic signatures can be forged. This might involve unauthorized use of someone's digital signature, creating a false digital signature, or manipulating the electronic document to make it appear signed. As with physical signatures, forging electronic signatures is illegal.

27. How does the law handle cases where a person creates a false document but never uses it?

Creating a false document with the intent to deceive is typically illegal, even if the document is never used. However, the act of using or attempting to use the document (known as "uttering") is often charged as a separate offense and can lead to more severe penalties.

28. How does the law differentiate between artistic forgery and document forgery?

While both involve creating false representations, document forgery is typically treated more severely in law. Artistic forgery usually involves creating a false work of art, while document forgery involves altering or creating false legal, financial, or official documents. The latter often has more direct legal and financial implications.

29. What is the relationship between identity theft and making false documents?

Identity theft often involves making false documents. Criminals may create fake IDs, forged credit cards, or false financial statements using stolen personal information. In this context, making false documents is a tool used in the broader crime of identity theft.

30. Can a person be charged with both forgery and making a false document for the same act?

While it's possible to be charged with both, it's unlikely for the same act. Typically, an act would fall under one category or the other. However, in complex fraud cases, a person might be charged with multiple offenses if they've engaged in various fraudulent activities.

31. How does the law view photocopying a signature and pasting it onto a document?

This action would typically be considered forgery. Even though the signature itself wasn't directly altered, the act of copying and pasting it onto a document it wasn't originally signed on is a form of document alteration and misrepresentation.

32. How does the law view situations where someone creates a false document as a joke or prank?

Even if intended as a joke, creating a false document could still be illegal if it meets the criteria for the offense. The intent to deceive doesn't necessarily mean intent to cause harm. However, the context and nature of the document would be considered in determining whether to prosecute and the severity of any penalties.

33. Can omitting information from a document be considered making a false document?

In some cases, yes. If the omission is intentional and materially changes the meaning or effect of the document, it could be considered making a false document. This is especially true if the omission is designed to mislead or deceive the reader about important facts or obligations.

34. How does the law view situations where someone creates a document using a fake company name or logo?

Creating a document using a fake company name or logo would typically be considered making a false document. This act creates an entirely new, fraudulent document rather than altering an existing one. It could also potentially involve trademark infringement if using a real company's logo without permission.

35. What is the significance of watermarks in relation to forgery and false documents?

Watermarks are security features often used to prevent both forgery and the creation of false documents. They're difficult to replicate accurately, making them a useful tool for document authentication. Forgers might attempt to alter watermarks, while creators of false documents might struggle to include convincing watermarks.

36. How does digital forensics differ when investigating forgery versus false documents?

In digital forgery cases, forensics often focuses on detecting alterations to existing files, such as changes in metadata, pixel inconsistencies, or edit histories. For digital false documents, investigators might look at the document's creation data, analyze its overall consistency, or trace its origin.

37. What role does intent play in distinguishing between forgery and making a false document?

Intent is crucial in both cases. For both forgery and making a false document, there must be an intent to deceive or defraud. The main difference lies in the action: forgery involves altering an existing document, while making a false document involves creating a new, fraudulent document from scratch.

38. How does technology impact the detection of forgery versus false documents?

Technology has made both the creation and detection of forged and false documents more sophisticated. For forgeries, forensic tools can often detect alterations to existing documents. For false documents, inconsistencies in paper, ink, or digital properties can be red flags. However, as creation methods improve, detection methods must continually evolve.

39. How does the concept of "counterfeit" relate to forgery and false documents?

Counterfeiting is closely related to both forgery and making false documents. It typically involves creating a false version of currency, goods, or documents. In document terms, counterfeiting would be more closely aligned with making a false document, as it involves creating an entirely fake version of a legitimate document type.

40. How does the concept of "materiality" apply differently to forgery versus making a false document?

In forgery, materiality often relates to whether the alteration significantly changes the document's meaning or effect. For false documents, the entire document is fabricated, so materiality might focus more on the document's purported significance or the extent of the deception it's meant to create.

41. What role does expert testimony play in prosecuting forgery versus false document cases?

Expert testimony is crucial in both types of cases but may focus on different aspects. In forgery cases, experts might analyze handwriting, ink composition, or digital alterations. For false documents, experts might examine the overall authenticity of the document, including paper type, printing methods, or digital creation details.

42. How does the concept of "chain of custody" relate to detecting forgery or false documents?

Chain of custody is crucial in document authentication. It tracks the movement and handling of a document from creation to present. For detecting forgery, breaks in the chain might indicate when alterations occurred. For false documents, an inability to establish a legitimate chain of custody can be a red flag.

43. How does the concept of "uttering" differ between forgery and false document cases?

"Uttering" refers to the act of knowingly using a forged or false document. In forgery cases, uttering involves using an altered genuine document. In false document cases, it involves using an entirely fabricated document. The act of uttering is often charged separately from the creation of the document.

44. What is the significance of notarization in relation to forgery and false documents?

Notarization is meant to verify the authenticity of documents and signatures. Forging a notary's seal or signature is a serious offense. Creating a false notarized document would involve both making a false document and forging the notarization, potentially leading to more severe charges.

45. Can digital timestamps be considered in cases of forgery or false documents?

Yes, digital timestamps can be crucial evidence. In forgery cases, inconsistent timestamps might reveal when alterations were made. For false documents, timestamps that don't align with the purported creation date of the document can be red flags. However, timestamps can also be manipulated, so they're often considered alongside other evidence.

46. How does the law differentiate between creating a false document and creating a document with false information?

Creating a false document typically refers to fabricating an entire document that purports to be something it's not. Creating a document with false information might involve using a legitimate template or format but including false content. Both can be illegal, but they might be charged differently depending on the specific circumstances and jurisdiction.

47. What is the legal perspective on using false documents in emergencies, such as during natural disasters?

While the law generally prohibits the use of false documents, extreme circumstances like emergencies might be considered mitigating factors. However, this doesn't make the act legal. Courts might consider the context and necessity of the action, but it's generally advisable to seek legal alternatives even in emergencies.

48. How does the concept of "good faith" apply to cases of alleged forgery or false documents?

"Good faith" refers to acting with honest intent, without the purpose to defraud. In forgery or false document cases, a good faith belief that one had the authority to alter or create a document might be a defense. However, the belief must be reasonable, and good faith doesn't automatically excuse the action.

49. How does the law view the creation of novelty or souvenir documents that mimic official documents?

Creating novelty documents that clearly state they are not official (like souvenir birth certificates) is generally legal. However, if these documents are designed to closely mimic official documents without clear indication that they're novelties, it could potentially be seen as making false documents, especially if used deceptively.

50. What is the significance of document provenance in cases of alleged forgery or false documents?

Document provenance – the history of ownership and transfer of a document – is crucial in authentication. For potential forgeries, breaks or inconsistencies in provenance can indicate when alterations might have occurred. For suspected false documents, a lack of legitimate provenance can be a significant red flag.

51. How does the law handle cases where someone creates a false document based on misinformation they genuinely believed to be true?

If someone creates a document with false information they genuinely believed to be true, it might affect the "intent to deceive" element of the crime. However, depending on the nature of the document and its use, they might still face legal consequences, particularly if the misinformation could have been reasonably verified.

52. Can a person be charged with forgery for digitally signing a document on behalf of someone else with verbal permission?

While having verbal permission might mitigate the situation, digitally signing on behalf of someone else without proper documentation of that permission could still be considered forgery. It's always best to have written authorization and to clearly indicate when signing on behalf of another person.

53. How does the concept of "fraudulent misrepresentation" relate to making false documents?

Fraudulent misrepresentation involves knowingly making false statements to induce someone to act. Creating a false document is often a method of fraudulent misrepresentation. While making a false document focuses on the creation of the document itself, fraudulent misrepresentation encompasses the broader act of using that document to deceive.