Chapter 33

DEFINITIONS.

342. Forgery.

Forgery is the making of a false document with intent to defraud or to deceive.

343. Document.

In this division of this Code, “document” does not include a trademark or any other sign used in connection with articles of commerce though they may be written or printed.

344. Bank note and currency note.

In this division of this Code, “bank note” and “currency note” include any notes, by whatever name called, which are legal tender in the country in which they are issued.

345. Making a false document.

Any person makes a false document who— (a) makes a document purporting to be what in fact it is not;

(b) alters a document without authority in such a manner that if the alteration had been authorised it would have altered the effect of the document;

(c) introduces into a document without authority while it is being drawn up matter which if it had been authorised would have altered the effect of the document;

(d) signs a document—

(i) in the name of any person without his or her authority whether such name is or is not the same as that of the person signing;

(ii) in the name of any fictitious person alleged to exist, whether the fictitious person is or is not alleged to be of the same name as the person signing;

(iii) in the name represented as being the name of a different person from that of the person signing it and intended to be mistaken for the name of that person;

(iv) in the name of a person personated by the person signing the document, if the effect of the instrument depends upon the identity between the person signing the document and the person whom he or she professes to be.

346. Intent to defraud.

An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person, ascertained or unascertained, capable of being defrauded by it, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he or she had, or thought he or she had, a right to the thing to be obtained by the false document