Section 16 - Fraud

For the purposes of a provision of this Act, where a forgery, falsification, or any other unlawful act is punishable if used or done with intent to defraud, an intent to defraud means an intent to cause, by means of the forgery, falsification, or the other unlawful act, a gain capable of being measured in money, or the possibility of that gain to a person at the expense or to the loss of any other person.

Illustrations

1. A unlawfully alters B’s will so as to increase or reduce the amount of the legacy left by B to C. Here A commits the criminal offence of forgery with intent to defraud although A may not have an interest in the matter.

2. A unlawfully alters the date on a bill of exchange, for the purpose of postponing the time at which A or any other person may be called upon to pay it. Since the postponement may be a gain to A or to the other person, A commits the criminal offence of forgery with intent to defraud.

3. A forges B’s signature to a deed, not for the purpose of gain to A or to any other person, but for the purpose of falsely charging C with the forgery. Here A has not committed forgery with intent to defraud, but A is liable to be punished for fabricating evidence.