Section 363 - Forgery and forged document defined.

Whoever makes a false document or part of a document, with intent to cause damage or injury to the public or to a person or to support a claim or title or to cause any person to part with property or to enter into an express or implied contract or with intent to commit fraud or that fraud may be committed, commits forgery; and a false document made wholly or in part by forgery is called a forged document.

Illustration

(a) A has a letter of credit upon B for two hundred naira written by Z. A in order to defraud B adds a cipher to the two hundred naira and makes the sum two thousand naira, intending that it may be believed by B that Z so wrote the letter. A has committed forgery.

(b) A without Z's authority affixes Z's seal to a document purporting to be a conveyance of a plot from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B payable to bearer but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of two hundred naira. A commits forgery.

(d) A leaves with B his agent a cheque on a bank signed by A without inserting the sum payable and authorises B to fill up the cheque by inserting a sum not exceeding two hundred naira for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of six hundred naira. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B's authority intending to discount it as a genuine bill with a banker and intend-ing to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of Band thereby to discount the bill, A is guilty of forgery.

(f) Z's will contains these words-- "I direct that all my remaining property be equally divided between A, B and C". A dishonestly scratches out B' s name intending that it may be believed that the whole was left to himself and C. A has committed forgery.

(g) A sells and conveys a plot to Z. A afterwards, in order to defraud Z of the plot, executes a conveyance of the same plot to B dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the plot to B before he conveyed it to Z. A has committed forgery.

(h) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z and by representing to Z that he has prepared the will according to his instructions induces Z to sign the will. A has committed forgery.

(i) A writes a letter and signs it with B's name without B' s authority certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.

(j) A without B' s authority writes a letter and signs it in B's name certifying to A's character, intending thereby to obtain employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate and thereby to induce Z to enter into an express or implied contract for service.

Explanation

1. A man's signature of his own name may amount to forgery.