Forgery and Its Types

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Forgery and Its Types SUBJECT FORENSIC SCIENCE Paper No. and Title PAPER No. 8: Questioned Document Module No. and Title MODULE No.5: Introduction to Forgery and Its Type Module Tag FSC_P8_M5 FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types TABLE OF CONTENTS 1. Learning Outcomes 2. Introduction to Forgery 3. Law related to Forgery 4. Types of forgery 4.1 Simulated forgery 4.2 Traced forgery 4.3 Forgery by memory 4.4 Forgery without model or Forgery by impersonation 5. Summary FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types 1. Learning Outcomes After studying this module, you will be able to Know what forgery is. Learn the types of forgery. Identify the type of forgery. 2. Introduction to Forgery Forgery may be defined as the creation of any false written document or alteration of a genuine one, with the intent to defraud. Forgery may consist the filling up a blank on a document containing a genuine signature or materially altering or erasing instrument. The causal intent to swindle, grounded on knowledge of the wrong nature of the instrument, must complement the act. Modes of forgery may include bills of exchange, bills of lading, promissory notes, checks, bonds, receipts, order for money or goods, mortgages, discharges of mortgages, deeds, bonds, records, account books and certain kind of tickets or passes for transportation or events etc. The most famous case of forgery in the twentieth century took place in 1983 with the “discovery” of the Hitler diaries. The diaries supposedly contained passage written by German dictator Adolf Hitler between 1932 and 1945. Gerd Heidemann, a German reporterfor Stern magazine, had claimed the writings as genu ine and sold them. He had obtained them from Konrad Kujau, a Stuttgart dealer in military memorabilia and documents. The magazines Newsweek and Paris Match, along with other media, paid more than $5 million for the documents. Major news sources around the world quickly published major stories detailing the historical information that the diaries allegedly contained. Investigative experts from around the world later conducted forensic examinations on the diaries and the documents were found to be fake. FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types Kujau then admitted forging the diaries, and news sources immediately retracted their coverage. Both Kujau and Heidemann were sentenced to four and a half years in German prison, but not before Kujau embarrassed the media even further by forging Hitler autographs for spectators at his circus like trial. 3. Law Sec 464 in the Indian Penal Court states that FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types 4. Types of forgery For the purpose of the subject of identification and comparison of signature and writing, forgeries may be classified as: 1. Freehand, simulated or copied forgery 2. Traced forgery 3. Forgery by memory 4. Forgery without model or forgery by impersonation 4.1 Simulated Forgery In this type of forgery, the forger selects a model signature or writing and tries to copy the design of letters and other broad features depending upon his skill, practice and competency. Such an attempt in most of the cases results in a crude forgery, however, in some cases the forger is competent enough to make a simulation which at first sight may appear to be genuine and may be passed as genuine by those who compare only the general outline of letters and gives little importance to the line quality and other minute details. A forger may be able to acquire all the writing habits of another individual by a long practice but practically it is not possible to adopt each and every writing habit of another person and to avoid one’s own writing habits to interact in the process of forgery the forger is likely to fail all attempts. Writing is the visible record of very complicated series of acts controlled by mental and muscular habits of a writer acquired by a long continued practice. With repeated use, the handwriting become so automatic that is cannot be easily discard or acquired at will. This is one of the basic principles of the handwriting comparison. FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types Motives which incites the forger to simulate a genuine signature: - Mainly to extort money illegally and it is this anticipation of gain and urges a person to do such wrongful actions. - Other options may be domestic or personal satisfaction.5 Fig: The above written signature are genuine whereas below signature is simulated forgery 4.2 Traced Forgery As the name indicates, traced forgery is prepared by drawing the outline of a genuine signature by the process of tracing. One of the most common methods used by forger is to make an outline of genuine signature on a paper by the use of a carbon paper. A carbon paper is placed in between the paper bearing the model signature and the paper which is to bear the forged signature. The tracing is done with the help of a pointed instrument to make a carbon outline on the paper. A conventional writing instrument is then carefully moved over the carbon outline to conceal the carbon impressions and to give the appearance of its being genuine. The indentation so produced serve as guidelines which are then filled in with ink with writing instrument to complete the forgery. FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types The third most popular method these days is transmitted light method. The forger places a paper (which is to bear the forged signature) over the document bearing genuine signature and then both the documents are placed against a window pan. The outlines of signature thus made visible by the sun light passing through the paper are placed on a glass top table and the light is projected from under to increase the translucency of the papers. A forged signature can only be branded as a traced forgery when- 1. The actual model signature from which it was traced is discovered. 2. The pencil or carbon outlines are present along with the signature indicating tracing process. 3. The indented outlines are present along with the strokes of signature. 4. Two or more forged signature showing marked suspicious similarities or rubber stamp effects are present and they superimpose each other in their major parts. 4.3 Forgery by memory Forgery by memory refers to the signature or writing prepared from the mental impression of the form of letters of the signature(s) or writing of the actual writer and without any model signature before the forger at the time of forgery, such forgeries are usually the combinations of the normal handwriting of the forger and letter bearing some resemblance with the signature(s) or writing of the actual writer. The degree of resemblance of course, depends on the ability of the forger to memorize and reproduce the letter forms. Such type of forgeries can be easily detected and proved because forgery by memory is a primitive type of forgery and no forger can memorize or reproduce all the features of the signature or writing to be forged. FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types 4.4 Forgery by Impersonation or forgery without model When a person merely writes/signs the name of another person in his own handwriting in normal manner or in some modified manner, representing himself to be that person with some ulterior motive such as signature is a forgery. In this type of forgery, no attempt is made to stimulate or trace from a model signature and once the genuine signatures of the actual person is available, the forgery is obvious and to prove the same is not difficult. In case of forgery by impersonation, the position is however different. In this type of forgery, the forger may just write the name/signature of other person in his own handwriting without even knowing the style of writing of that person. In such case, it may be possible to trace out the forger by comparison of the spurious signature with adequate specimen signature of the suspect(s). 5. Summary Forgery may be defined as the creation of any false written document or alteration of a genuine one, with the intent to defraud. A famous case of forgery in 20th century is case of “Hitler Diaries”. Sec 464 of IPC defines the forgery. There are four types of forgery, simulated forgery, traced forgery, forgery by memory and forgery by impersonation. FORENSIC SCIENCE PAPER No. 8: Questioned Document MODULE No. 5: Introduction To Forgery & Its Types .
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