Section 467. Forgery of valuable security, will, etc.
— 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, moveable
property, or valuable security, or any document purporting to be an acquittance or receipt
acknowledging the payment of money, or an acquittance or receipt for the delivery of any
moveable property or valuable security, shall be punished with 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.
Scope of Section 467
All the necessary elements to constitute forgery must be proved before there can be a
conviction under this section. To establish this offence, the prosecution has to necessarily
prove that there was intention as is implied in the term ‘fraudulent’ or ‘dishonestly’ occurring
in section 463 and 464, IPC. The main ingredients of the provision are: the forged document
must:
(i) purport to be:
(a) a valuable security; or
(b) a will; or
(c) an authority to adopt a son; or
(ii) give authority to any person:
(a) to make or transfer any valuable security; or
(b) to receive the principal, interest or dividends on a valuable security; or
(c) to receive or deliver any money, moveable property, or valuable security;
(iii) purport to be an acquittance receipt:
(a) for acknowledging the payment of money; or
(b) for the delivery of any moveable property or valuable security.
In view of the valuable nature of the documents forged, the section provides for stringent
punishment ranging up to life imprisonment.
The following have win held to be valuable securities within the meaning of the definition:
a) a hundi, b) a share certificate, c) M.O. receipt, d) sale deed, e) tenant's kabuliyat, f)
proposal of insurance signed by the proposer, g) passport, h) deed of divorce, i) transit passes
of Forest department, j) a lottery ticket, the production of which will enable a person holding
it to receive the amount of prize, k) document conferring or creating rights although all the
signatures necessary have not been affixed, l) an unregistered document, m) a bank draft.
However, certain documents are ingrained with such deficiencies which render the document
so incomplete that the maker of it cannot be punished for forgery. For example, a promissory
note without a signature. It signifies no value.
The Supreme Court of India in the case of Mohanlal Anand vs State (Delhi Administration) 1
was of the opinion that, where the handwriting expert deposed that the body of cheque was in
appellant handwriting but could not give definite opinion about the signature it cannot be said
that the appellant forged the cheque.
Signing a document in the name of an idol, the idol been a juridical person, is committing
forgery.
Punishment
Imprisonment for Life or 10 Years or Fine or Both. The offense under this (section 467) is
Non-cognizable, non- compoundable and non-bailable and triable by Judicial Magistrate First
Class. If the forgery is of promissory note of the Central Government, it is cognizable.
Under Sec. 467 — merely forging that legal instrument or document is sufficient for
punishment under this, even if that legal instrument may not be used for forgery and no
money is obtained by that document. In simple term, possession of that legal instrument or
any document and their intention to use that is more than sufficient to convict the person.
The offense under this section (section 467) is considered as an extended form of forgery or
aggravated form. Where any person other than himself or herself, who falsely signs an
instrument which is legal in nature or document for the purpose of creating it a valid
document in the eyes of the law, then he or she is guilty and may be convicted for signing a
false legal document. As such copying, any legal database or taking the signature of an agent
on a blank draft form was held to be an offense under section 467. Also, getting registered a
1
AIR 1975 SC 1842, 1975 CriLJ 1645, (1975) 4 SCC 252, 1975 (7) UJ 362 SC
sale deed by impersonating the real owner is punishable under this section. The first and
foremost condition to convict under this section is that person forged anything which could
be considered as valuable security like any certificate forged by a candidate seeking
admission in any institution was held to be not guilty as the certificate does not come under
the ambit of a term “valuable security.” Dishonestly or fraudulently collecting the money sent
by any means (includes online transaction + Money orders) personating as the payee (the
person who pays) is punishable and under this section (section 467).
The Delhi High Court in the case of Rajesh Dua vs State was of the opinion that:
(i) At the initiation of criminal process at the time of registration of FIR under Section 467
IPC, having original forged documents with the Investigating Officer, the Investigating
Officer is duty bound to arrest the accused.
(ii) Mere allegation of Section 467 IPC, in the absence of documents, is not sufficient to
arrest the accused and taking him out of the purview of Section 41A Cr.P.C. particularly
when other sections are covered under Section 41A Cr.P.C. providing imprisonment less than
seven years.
(iii) In case the alleged forged document is produced or otherwise comes in the possession of
the Investigating Officer, he shall approach the DCP concerned to seek the permission of
arrest of the accused.
