Forgery

7 min readJun 1, 2024

Forgery is the act of creating, adapting, or imitating objects or documents. It can also be defined as the crime of falsely making or altering a writing that affects another person’s legal rights.

According to Section 463 of the Indian Penal Code (IPC), forgery is defined as the creation of a false document or part of a document with the intent to cause harm, deceive others, support a claim, acquire property, or engage in fraudulent activities. The crime of forgery generally refers to the making of a fake document, the modification of an existing document, or the signing of a signature without authorization. Forgery consists of filling in blanks on a document containing a genuine signature, or materially altering or erasing an existing instrument. Forgery is always committed without the knowledge of the owner of the property. In some cases, forgers may impersonate someone else to commit their crime.

PUNISHMENT FOR FOREGRY

The punishment for forgery varies by jurisdiction and is often influenced by factors such as the type and severity of the forgery, the value of the forged items, and the impact on victims.

Section 465 of Indian penal Code — Punishment for forgery

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.

CLASSIFICATION OF OFFENCES

Punishment- imprisonment for 2 years, or fine, or both- Non-cognizable- Bailable-Triable by Magistrate of the first class-non-compoundable.

TYPES OF FORGERY

1. Simulated forgery

2. Traced forgery

· Transmitted light forgery

· Carbon paper

· Indentation

· Pencil shading

3. Transplanted or cut-paste forgery

4. Forgery by memory or free hand forgery

5. Disguised forgery

SIMULATED FORGERY

Simulated forgery is a fraudulent signature that imitates genuine writing. It’s also known as freehand imitation forgery. In simulated forgery, the forger attempts to copy a known signature. This can be done by tracing the signature or copying it freehand. The goal is to match the original signature’s letter sizes and stroke structures. A simulated writing is one in which the attempt is made to copy or imitate the writing of another as is done in ordinary signature forgery. A number of methods are available for a forger to use in the construction of a signature that may appear to the laypersons as genuine. These include free-hand simulation, tracing, and reproduction by electrostatic copier or computer.

Features of simulated forgery

· Shaky handwriting

· Pen lifts

· Signs of retouching

· Letter proportions

· Signature shape and dimensions

· Letter slants

· Speed, acceleration, and smoothness of curves

· Pen pressure and pressure changes

Materials required for simulated forgery

Practice, skill, intention, model, pen, paper

2. TRACED FORGERY

Traced forgery is a method of forgery that involves reproducing an exact copy of a genuine signature. The process involves using a genuine signature as a template to create a forged one. The Trace Forgery Name Signifies the result of an attempt to transfer to a fraudulent document an exact facsimile of genuine writing by some tracing process.

There are mainly four types of traced forgery,

Transmitted light forgery: in this method the document which contains original signature is kept above the light source and the paper which wants to be forged kept on the top of the original document. It makes easy to forge the signature.

Features of transmitted light forgery

· Pen lift

· Shaking

· Retouching

· Shape and dimension

Materials required

Practice, skill, intention, model, pen, paper, transmitted light

Carbon paper forgery: this is the most common traced forgery where the carbon paper is placed in between the original document and the paper should be forged. The original document will be kept on the top of carbon paper and using a pen or pencil carefully drawn through the outlines of the original signature gives a picture-perfect signature on the other paper.

Features of carbon paper forgery

· Signs of retouching

· Letter proportions

· Signature shape and dimensions

· Letter slants

· Speed, acceleration, and smoothness of curves

· Pen pressure and pressure changes

· Picture perfect resemblance

Materials required

Practice, skill, intention, model, pen, paper, carbon paper

Indentation forgery: This type of forgery is based on the pen pressure caused by the writer. If the pen pressure is high the writings may leave an indentation mark on the next page or on the paper kept under the writing surface. The forger uses this paper which contains indentation mark and carefully draw through the outline of indentations. In this type a skilled forger produces exactly similar handwriting which also contain individual characteristics.

Features of indentation forgery

· Picture perfect resemblance

· Pen lifts

· Pen pressure

· Letter slants

· Speed, smoothness of curves

· Retouching

Materials required

Practice, skill, intention, model, pen, paper

Pencil shading forgery: In this method of forgery the forger shades the reverse part of the original document using a pencil and rewrite on the top of original signature, which produces the signature on the paper kept below the document. After that the signature with pencil shading can be make bold by writing with a pen on the top.

Materials required

Practice, skill, intention, model, pen, paper, pencil.

3. TRANSPLANTED OR CUR-PASTE FORGERY

Cut-and-paste forgery is a type of forgery where a signature is taken from one document and placed onto another. This is considered forgery if it is done without the consent of the person whose signature it is. In digital images, copy-and-paste forgery is when a region of an image is copied and pasted elsewhere within the same image. It can be done by scanning, photocopying, or using mechanical cut and paste methods. Transplanted forgery is also known as imitation forgery or stress signatures. Genuine signatures are transplanted on desired documents using Cello Tape, computer scanner and printer, colour xeroxing and cut and paste method using xeroxing.

Some signs of cut-and-paste forgery include:

· The signature lines slope down to the right.

· The baseline doesn’t match up evenly where the signature touches the block.

· There are additional lines around the signature.

4. FORGERY BY MEMORY

Forgery by memory refers to the signature or writing prepared from the mental impression of the form of letters of the signature(s) or writing of the actual writer and without any model signature before the forger at the time of forgery. Forgery by memory is a type of forgery that involves creating a false written or altered document. It involves writing a name or signature in one’s own handwriting without knowing the style of writing of the person whose name or signature is being forged.

Forgery by memory is one of several types of forgeries, including:

· Traced forgery

· Freehand forgery

· Transplanting revenue stamps

· Erasures and alterations in documents

Features of forgery by memory

· System of writing

· Shading

· Pen pressure

· Speed of writing

· Rhythm

· Size of writing

· Proportion of the various parts of letters as well as the proportion between individual letters

· Spacing

· Slant

· Letter formation

5. DISGUISED FORGERY

Disguised writing is a type of forgery that involves intentionally altering one’s handwriting to hide their identity. This can include anonymous letters, blackmail attempts, ransom notes, and threats. Disguised writing can cause problems for document examiners when dealing with disputed documents. In some cases, it can be difficult or impossible to distinguish between disguised and forged signatures.

Some features that can indicate a forged signature include:

· Shaky handwriting

· Pen lifts

· Signs of retouching

· Letter proportions

· Signature shape and dimensions

· Letter slants

· Speed, acceleration, and smoothness of curves

· Pen pressure and pressure changes

Materials required

Practice, skill, intention, model, pen, paper, pencil

OBSERVATIONS