Digital Forgery

Digital Forgery

Forgery is defined as the production of a document that is known to be fake but appears to be genuine. It is usually seen in documents such as cheques, passports, visas, certificates, other identification documents etc and people are easily hoodwinked, especially when the forgery is done digitally. It is impossible to tell the difference between genuine and falsified documents unless you’ve been trained to do so. Forgeries are dangerous because they are frequently difficult to spot as fakes. As a result of digital forgeries, the victims of these activities may suffer financial loss as well as a loss of reputation. The number of crimes pertaining to forgery is increasing day by day.

Section 91 of the IT Act (read with the Second Schedule) amended the provisions of the IPC in relation to forgery to include electronic records as well. Section 29A has been inserted in the Indian Penal Code to provide for a definition of . The words electronic record will have the same meaning which is assigned to it in section 2(1)(t)2 of the IT Act. Section 464 of the IPC was amended by section 91 of the IT Act to include a false electronic record. Under section 464, a person is said to make a false electronic record:

1. Who dishonestly or fraudulently makes or transmits any electronic record or part of any electronic record, or, affixes any digital signature on any the electronic record, or, makes any mark denoting the authenticity of the digital signature, with the intention of causing it to be believed that such electronic record or part of an electronic record or digital signature was made, 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, executed or affixed; or
    
2. Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters an electronic record in any material part thereof, after it has been made, executed, or affixed with a digital signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or
    
3. Who dishonestly or fraudulently causes any person to sign, execute or alter an electronic record or to affix his digital 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 electronic record or the nature of the alteration.

Explanation 3 to section 464 has also been inserted which, for the purpose of this section, provides for the expression affixing digital signature to have the same meaning as assigned to it in section 2(1)(d)3 of the IT Act.

Section 463 of the IPC, after amendment, defines forgery, in relation to electronic records, as the making of any false electronic record or part thereof 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.