Paras finds that his name is mis-spelt in his property document, so he makes the correction and keeps the document with himself. A year later, he tries to sell his property and delivers the copy of the document to the pr

The making of a false document or false electronic record is defined under section 464 of the Indian Penal Code, 1860. As per the said section a person is said to make a false document or false electronic record - First. - Who dishonestly or fraudulently - (a) makes, signs, seals or executes a document or part of a document; (b) makes or transmits any electronic record or part of any electronic record; (c) affixes any electronic signature on any electronic record; (d) makes any mark denoting the execution of a document or the authenticity of the electronic signature; With the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, 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, signed, sealed, executed or affixed; or Secondly. - Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly. - Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic 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 document or electronic record or the nature of the alteration. The Supreme Court in Ramchandran v. State, AIR 2010 SC 1922 , has held that to constitute an offence of forgery document must be made with dishonest or fraudulent intention. A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. The Supreme Court in Parminder Kaur v. State of UP , has held that mere alteration of document does not make it a forged document. Alteration must be made for some gain or for some objective. Similarly, in Balbir Kaur v. State of Punjab, 2011 CrLJ 1546 (P&H) , the allegation against the accused was that she furnished a certificate to get employment as ETT teacher which was found to be bogus and forged in as much as school was not recognized for period given in certificate. However, the certificate did not anywhere say that school was recognized. It was held that merely indicating teaching experience of the accused, per-se, cannot be said to indicate wrong facts. So the direction which was issued for prosecution is liable to be quashed. In view of the above, the act of Mr. Paras does not amount to Forgery as there is no material alteration in the document and also there is no intention to defraud anyone.