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THE INDIAN PENAL CODE, 1860

Title : THE INDIAN PENAL CODE, 1860

Year : 1860



1*[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.

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1. Substituted by the Act, 21 of 2000, section 91 and Schedule I, for certain words (w.e.f. 17-10-2000).

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1*[A person is said to make a false document or 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 3*[electronic signature] on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of the 3*[electronic signature],with the intention of causing it to be believed that such document or pan of document, electronic record or 3*[electronic signature] was made, signed, scaled 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 3*[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 3*[electronic signature] on any electronic record knowing that such person by reason of unsoundness of mind 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 a cipher to the 10,000, and makes the sum 1,00,000 intending that it may be delivered 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 to 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 6, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum often 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 payment. 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 the 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; 6 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 6, dated six months earlier man 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 from the 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 in as much 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 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 of 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 6 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 fictitious 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 fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

2*[Explanation 3.-For the purposes of this section, the expression "affixing 3[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.]

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1. Substituted by Act 21 of 2000, section 91 and Schedule I, for certain words (w.e.f. 17-10-2000).

2. Inserted by Act 21 of 2000, section 91 and Schedule I (w.e.f. 17-10-2000).

3. Substituted for "digital signature" by the Information Technology (Amendment) Act, 2008 (10 of 2009), section 51, w.e.f. 27.10.2009.
 
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Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.



1*[Whoever forges a document or an electronic record], purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to he made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

1*[Explanation.-For the purposes of this section, "register" includes any list, data or record of any entries maintained in the electronic form as defined in clause (r) of sub¬section (1) of section 2 of the Information Technology Act, 2000.]
 
STATE AMENDMENTS

2*[Madhya Pradesh:

Offence under Section 466 is triable by Court of Session.

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1. Substituted by Act 21 Act, 2000, section 91 and Schedule I, for "Whoever forges a document" (w.e.f. 17-10-2000).

2. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.
 
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Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with1*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
 
STATE AMENDMENTS

2*[Madhya Pradesh:
Offence under Section 467 is triable by Court of Session.

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1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 01.01.1956).

2. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.
 
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Whoever commits forgery, intending that the 1*[document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
 
STATE AMENDMENTS

2*[Madhya Pradesh:
Offence under Section 468 is triable by Court of Session.

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1. Substituted by Act 21 of 2000, section 91 and Schedule I, for "document forged" (w.e.f. 17.10.2000).

2. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.
 
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Whoever commits forgery,1*[intending that the document or electronic record forged] shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

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1. Substituted  by Act 21 of 2000, section 91 and Schedule I, for "intending that the document forged" (w.e.f. 17-10-2000).

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A false1*[document or electronic record] made wholly or in part by forgery is designated "a forged1*[document or electronic record].

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1. Substituted  by Act 21 of  2000, section 91 and Schedule, I, for "document" (w.e.f. 17-10-2000).

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Whoever fraudulently or dishonestly uses as genuine any 1*[document or electronic record] which he knows or has reason to believe to be a forged 1[document or electronic record], shall be punished in the same manner as if he had forged such 1*[document or electronic record].
 
STATE AMENDMENTS

2*[ Madhya Pradesh:

Offence under Section 471 is triable by Court of Session.
 
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1. Substituted  by Act 21 of 2000, section 91 and Schedule, I, for "document" (w.e.f. 17.10.2000).

2. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.
 
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Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this Code, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
 
STATE AMENDMENTS

2*[ Madhya Pradesh:

Offence under Section 472 is triable by Court of Session.
 
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1. Substituted  by Act 26 of 1955, section 117 and Schedule, for 'transportation for life" (w.e.f. 01.01.1959).

2. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.
 
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Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall he used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
 
STATE AMENDMENTS

1*[Madhya Pradesh:

Offence under Section 473 is triable by Court of Session.
 
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1. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.
 
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1*[Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code], be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 467, shall be punished with 2*[imprisonment for life], or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine.
 
STATE AMENDMENTS

3*[Madhya Pradesh:

Offence under Section 474 is triable by Court of Session.

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1. Substituted  by Act 21 of 2000, section 91 and Schedule I, for certain words (w.e.f. 17.10.2000).

2. Substituted  by Act 26 of 1955, section 117 and Schedule, for 'transportation for life" (w.e.f. 01.01.1956).

3. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.
 
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Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in Section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
 
STATE AMENDMENTS

2*[Madhya Pradesh:

Offence under Section 475 is triable by Court of Session.
 

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1. Substituted  by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 01.01.1956).

2. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.
 
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Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating 1*[any document or electronic record] other than the documents described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
 
STATE AMENDMENTS

2*[Madhya Pradesh:

Offence under Section 476 is triable by Court of Session.
 
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1. Substituted by Act 21 of 2000, section 91, and Schedule I, for "any document" (w.e.f. 17.10.2000).

2. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.

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Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such documents, shall he punished with 1*[imprisonment for life], or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
 
STATE AMENDMENTS

2*[Madhya Pradesh:

Offence under Section 477 is triable by Court of Session.
 
 
477A -3* Falsification of accounts

Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any 4* [book, electronic record, paper, writing], valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such 4*[book,electronic record, paper, writing], valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation.-It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.]
 
STATE AMENDMENTS

5*[ Madhya Pradesh:
Offence under Section 477-A is triable by Court of Session.
 
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1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 17.10.2000).

2. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.

3. Added by Act 3 of 1895, section 4.

4. Substituted by Act 21 of 2000, section 91 for Sch. I, for "book, paper, writing" (w.e.f. 17.10.2000).

5. Vide Section 4 of the Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007.

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[Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958, section 135 and Schedule (w.e.f. 25-11-1959).]



A mark used for denoting that movable property belongs to a particular person is called a properly mark.



[Rep. by the Trade and Merchandise Marks Act. 1958 (43 of 1958). section 135 and Schedule (w.e.f 25-11-1959).]



Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.



Whoever uses1[***] any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]

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1. The words "any false trade mark or" omitted by Act 43 of 1958, section 135 and Schedule (w.e.f. 25-11-1959).

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Whoever counterfeits any1[***] property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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1. The words "trade mark or" omitted by Act 43 of 1958, section 135 and Schedule (w.e.f. 25-11-1959).

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Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeited, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.]

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1. Substituted  by Act 4 of 1889, section 3, for the original section 484.

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Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.]

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1. Substituted  by Act 43 of 1958, section 135 and Schedule, for the original section 485 (w.e.f. 25-11-1959).

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2*[Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark] affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless be proves-

(a) That, having taken all reasonable precautions against commuting an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and

(b) That, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or

(c) That otherwise he had acted innocently,be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]

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1. Substituted by Act 4 of 1889, section 3, for the original section 486.

2. Substituted by Act 43 of 1958, section 135 and Schedule, for certain words (w.e.f. 25-11-1959).

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Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

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1. Substituted by Act 4 of 1889, section 3, for the original section 487.

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Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.

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1. Substituted by Act 4 of 1889, section 3, for the original section 488.

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Whoever removes, destroys, defaces or adds to any properly mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]

489A - 2*Counterfeiting currency-notes or bank-notes

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with 3*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation
.-For the purposes of this section and of sections 489B, 4* [489C, 489D and 489E], the expression "bank-note" means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money.]

489B -5* Using as genuine, forged or counterfeit currency-notes or bank-notes

Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with 6* [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.]

489C -7* Possession of forged or counterfeit currency-notes or bank-notes

Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.]

489D - 8* Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes

Whoever makes, or performs, any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with 9*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.]

489E -10*Making or using documents resembling currency-notes or bank-notes

(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees.

(2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees.

(3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that person caused the document to be made.]

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1. Substituted by Act 4 of 1889, section 3 for the original section 489.

2. Added by Act 12 of 1899, section 2.

3. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

4. Substituted by Act 35 of 1950, section 3 and Schedule II, for "489C and 489D".

5. Added by Act 12 of 1899, section 2.

6. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

7. Added by Act 12 of 1899, section 2.

8. Added by Act 12 of 1899, section 2.

9. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

10. Inserted by Act 6 of 1943, section 2.

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Last updated on July, 2016

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