On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 01/01/2013.
Chapter XVIII
OFFENCES RELATING TO
DOCUMENTS OR ELECTRONIC RECORDS,
FALSE INSTRUMENTS, AND
TO CURRENCY NOTES
AND BANK NOTES
DOCUMENTS OR ELECTRONIC RECORDS,
FALSE INSTRUMENTS, AND
TO CURRENCY NOTES
AND BANK NOTES
463. Whoever makes any false document or electronic record or part of a document or an 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.
[51/2007]
[Indian PC 1860, s. 463]
464.
—(1) A person is said to make a false document or false electronic record —
(a)
who dishonestly or fraudulently —
(i)
makes, signs, seals or executes a document or part of a document;
(ii)
makes any electronic record or part of any electronic record;
(iii)
affixes any electronic signature on any electronic record; or
(iv)
makes any mark denoting the execution of a document or the authenticity of the electronic signature,
with the intention of causing it to be believed that such document or electronic record or part of a document or electronic record or electronic signature was made, signed, sealed, executed or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed, or at a time at which he knows that it was not made, signed, sealed, executed or affixed;
(b)
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 an electronic signature, either by himself or by any other person, whether that person is living or dead at the time of the alteration; or
(c)
who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on an 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.
[51/2007]
(2) In this section, “electronic signature” has the same meaning as in the Electronic Transactions Act (Cap. 88).
[51/2007]
Illustration
(a)
A has a letter of credit upon B for $1,000 written by Z. A, in order to defraud B, adds a cypher to the 1,000, and makes the sum $10,000, 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 $1,000. A commits forgery.
(d)
A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable, and authorises B to fill up the cheque by inserting a sum not exceeding $1,000 for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of $10,000. 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 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 6 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 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, 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.
Illustration
(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 6 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 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.
[Indian PC 1860, s. 464]
465. Whoever commits forgery shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 465]
466. Whoever forges a document or an electronic record, purporting to be a record or proceeding of or before 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 or an electronic record, purporting to be 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 for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 466]
467. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a child, 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 acquittance or a receipt, acknowledging the payment of money, or an acquittance or a receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 467]
468. Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 468]
469. Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any person, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 469]
470. A false document or false electronic record, made wholly or in part by forgery, is designated “a forged document” or “a forged electronic record”, respectively.
[51/2007]
[Indian PC 1860, s. 470]
471. Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or forged electronic record, shall be punished in the same manner as if he had forged such document or electronic record.
[51/2007]
[Indian PC 1860, s. 471]
Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467
472. 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, 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 for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 472]
Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise
473. 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 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 for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 473]
473A. Whoever makes or has in his custody or under his control a machine or implement, or paper or other material, which to his knowledge is or has been specifically designed or adapted for the making of any false instrument shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
[HK Crimes Ordinance 1971, s. 76(2)]
473B. Any person (A) who —
(a)
makes or has in his custody or under his control a machine or implement, or paper or other material, which is or has been specifically designed or adapted for the making of any instrument; and
(b)
intends that —
(i)
he or another person makes a false instrument using the machine or implement, or paper or other material in order to induce another person (B) to accept it as genuine; and
(ii)
by reason of so accepting it, B does or does not do some act to B’s or any other person’s prejudice,
shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
[HK Crimes Ordinance 1971, s. 76(1)]
473C.
—(1) For the purposes of section 473B and subject to subsections (2) and (4), an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs, will —
(a)
result in his permanent or temporary loss of property;
(b)
result in his being deprived of an opportunity to earn remuneration or greater remuneration;
(c)
result in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration;
(d)
result in somebody being given an opportunity to earn remuneration or greater remuneration from him;
(e)
result in somebody being given an opportunity to gain a financial advantage from him otherwise than by way of remuneration; or
(f)
be the result of his having accepted a false instrument as genuine in connection with his performance of any duty.
[51/2007]
(2) For the purpose of this section, an act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded.
[51/2007]
(3) The reference in section 473B to inducing a person (B) to accept a false instrument as genuine includes a reference to inducing a machine to respond to an instrument as if it were a genuine instrument.
[51/2007]
(4) Where subsection (3) applies, the act or omission intended to be induced by the machine responding to the instrument shall be treated as an act or omission to a person’s prejudice.
[51/2007]
(5) In subsection (1)(a), “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.
[51/2007]
[HK Crimes Ordinance 1971, s. 70]
Having possession of certain document or electronic record known to be forged, with intent to use it as genuine
474. 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 descriptions mentioned in section 466, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the document is one of the descriptions mentioned in section 467, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 474]
Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material
475. 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, 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 for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 475]
Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section 467, or possessing counterfeit marked material
476. Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document or electronic record 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 for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 476]
477. 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 child, or any valuable security, or commits mischief in respect to such document, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 477]
477A. 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, conceals, mutilates or falsifies any 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 book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
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.
[Indian PC 1860, s. 477A]
Currency notes and bank notes
*489A.
—(1) Whoever forges or counterfeits, or knowingly performs any part of the process of forging or counterfeiting, any currency note or bank note shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
Explanation .—For the purposes of this section and of sections 489B, 489C and 489D, “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.
(2) For the purposes of this section and of sections 489B, 489C and 489D, “currency note” includes any note (by whatever name called) which is legal tender in the country in which it is issued.
[51/2007]
[Indian PC 1860, s. 489A]
* There are no sections 478 to 489.
489B. 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 imprisonment for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 489B]
489C. 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 for a term which may extend to 15 years.
[51/2007]
[Indian PC 1860, s. 489C]
Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes
489D. 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 imprisonment for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 489D]
Forfeiture of counterfeit currency
489E. [Repealed by Act 51 of 2007]