when a person fraudulently or dishonestly uses as genuine any document or electronic record, which he knows or has reasons to believe to be a forged document or electronic record.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2328 OF 2022

DEEPAK GABA AND OTHERS ... APPELLANTS

VERSUS

STATE OF UTTAR PRADESH AND ANOTHER ... RESPONDENTS

J U D G M E N T

SANJIV KHANNA, J

18. Section 471 of the IPC13 is also not attracted. This Section is 

applicable when a person fraudulently or dishonestly uses as 

genuine any document or electronic record, which he knows or has 

reasons to believe to be a forged document or electronic record.

This Court in Mohd. Ibrahim and Another (Supra), has elucidated

that the condition precedent of an offence under Section 471 of the 

IPC is forgery by making a false document or false electronic record 

or part thereof. Further, to constitute the offence under Section 471 

of the IPC, it has to be proven that the document was “forged” in 

terms of Section 47014, and “false” in terms of Section 464 of the 

13 471. Using as genuine a forged document or electronic record.—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 electronic record, shall be punished in the same manner as if he had forged such 

document or electronic record.

14 470. Forged document.—A false document or electronic record] made wholly or in part by forgery

is designated “a forged document or electronic record”

Criminal Appeal No.2328 of 2022 Page 15 of 23

IPC15

. Section 470 lays down that a document is ‘forged’ if there is:

(i) fraudulent or dishonest use of a document as genuine; and (ii) 

knowledge or reasonable belief on the part of the person using the 

document that it is a forged one. Section 470 defines a forged 

document as a false document made by forgery. As per Section 

464 of the IPC, a person is said to have made a ‘false document’: 

(i) if he has made or executed a document claiming to be someone 

else or authorised by someone else; (ii) if he has altered or 

tampered a document; or (iii) if he has obtained a document by 

practising deception, or from a person not in control of his senses. 

Unless, the document is false and forged in terms of Sections 464 

and 470 of the IPC respectively, the requirement of Section 471 of 

the IPC would not be met.