Whoever commits forgery, intending that the [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.
Explanation:
Forgery is one of the serious offenses punishable under the IPC as it affects trust, safety, and justice in society. Section 468 IPC deals with forgery for cheating; that is, forging a document or electronic record with the purpose of cheating. With this section of the IPC, potential offenders who create falsified documents or electronic records in order to defraud a person will be punished.
Forgery for Cheating
The term forgery usually encompasses any type of false document or electronic record made with the intention of causing fraud, false claim. Under Section 468, the forgery itself is not important but it is committed with the intention to cheat. Cheating means deceiving the person and fraudulently or dishonestly inducing the person to agree to, or cause the delivery of property. The deceived person is led to consent to an agreement that they otherwise would not have participated.
Essential Ingredients
To establish an offence under section 468 IPC, the prosecution must establish:
- Forgery: There is a forgery of a document or an electronic record.
- Purpose to cheat: The forged record is destined for facilitation of cheating.
- Knowledge and Dishonesty: The accused was aware that the document was forged and he or she was dishonest in using it to cheat another person.
Punishment
The punishment for this offence is either term of imprisonment of either description (rigorous or simple) for a period which may extend to seven years along with a fine. The seriousness of the punishment will reflect the severity of the offence of cheating by creating forged documents which can be financially and reputationally damaging.
Section 468 IPC clearly serves an important function in retaining public confidence in documents, records and transactions. By imposing a penalty on forgery for purpose of cheating the law will protect people and corporate bodies from possible fraudulent acts which undermine trust and fairness in society.