Forgery - Definition - Law Dictionary Home Dictionary Definition forgery

Definition :

Forgery [fr. forger, Fr.; or fingo, Lat.], the crimen falsi, or the false making or alteration of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud. The forged instrument must be false in itself. The mere subscribing a note, given as the party's own, by a fictitious name, was held not to be forgery, Reg. v. Martin, (1879) 5 QBD 34.

The act of fraudulently making a false document or altering a real one to be used as if genuine, Black's Law Dictionary, 7th Edn., p. 661.

Forgery at Common Law was a misdemeanour but most forgeries have been made felony by statute. Many of these statutes were consolidated by 11 Geo. 4 & 1 Wm. 4, c. 66, repealed and replaced by the Forgery Act, 1861 (24 & 25 Vict. c. 98), but the law now principally depends on the Forgery Act, 1913 (3 & 4 Geo. 5, c. 27, 'an Act to consolidate, simplify and amend the law relating to forgery and kindred offences.' It repeals such portions of sixty seven previous Acts as relate to forgery and like offences and presents the law in a clear and concise form. For the purposes of the Act forgery is defined as 'the making of a false document in order that it may be used as genuine,' and in the case of the seals and dies mentioned in the Act, 'the counterfeiting of a seal or die,' and forgery 'with intent to defraud or deceive 'is made punishable as therein provided. A document is 'false' if 'the whole or any material part thereof purports to be made by or on behalf or on account of a person who did not make it nor authorise its making'; or if, although so made, 'the time or place of making, where either is material, or, in the case of a document identified by number or mark, the number or any distinguishing mark identifying the document, is falsely stated therein' (s. 1). It is immaterial in what language the document is expressed or in what place it is expressed to take effect, or that the document when forged is incomplete, or does not purport to be such a document as would be binding or sufficient in law (ib.). Forgery of (inter alia) any will, deed or banknote is punishable with penal servitude for life, and forgery of any security, document of title, policy, charterparty, etc., with penal servitude for not more than fourteen years (s. 2). Forgery of certain official and other documents is dealt with by s. 3, the offence being made a felony and punishable with penal servitude in some cases for life and in others for any term not exceeding seven years. Where the forgery is not a statutable felony it is declared a misdemeanour (s. 4). S. 5 deals with forgery of seals and dies, s. 6 with the offence of uttering forged documents, and s. 7 with demanding property on forged documents. The possession of forged documents, seals and dies is dealt with by s. 8, and the making or being in possession of paper or implements for the forgery of banknotes, Treasury Bills, Revenue paper, etc., by s. 9, the provisions in both these cases being most stringent; and see s. 15 as to possession. Accessories and abettors are made liable as principals (s. 11), and there is a special provision for the issue of search warrants (s. 16).

It is not necessary to set forth a copy or a fac simile of the forged document, seal or die in the indictment a, description of it being sufficient; nor to allege or prove an intent to defraud a particular person (s. 17).

Forgery was a capital felony until 1832, and in the three years before 1829, when the last execution took place, fifteen persons were hanged for it.

No title to be registered can be acquired by a forged transfer of shares, but the (English) Forged Transfers Act, 1891 (54 & 55 Vict. c. 43), which was suggested by Barton v. London & North Western Ry. Co., (1889) 24 QBD 77, and is made retrospective by the (English) Forged Transfers Act, 1892 (55 & 56 Vict. c. 36), enables, but does not oblige, companies and local authorities to make compensation, 'by a cash payment out of their funds, for any loss arising from a transfer ' of their shares, stock, or securities,' in pursuance of a forged transfer, or of a transfer under a forged power of attorney.' As to who bears the loss occasioned by a forged transfer, see Bank of England v. Cutler, (1907) 1 KB 889; (1908) 2 KB 208. See also FLASE TRADE DESCRIPTION.

Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery, (Indian Penal Code, 1860, s. 463).

Forgery, has been defined in s. 463 of the Indian Penal Code to mean whoever makes any false document or part of a document with intent to cause damage or injury to the public and the expression 'making a false document' is defined in s. 464 of the Indian Penal Code to mean that a person is said to make a false document who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, State of Uttar Pradesh v. Ranjit Singh, (1999) 2 SCC 617.