Section 269/1: Forging an electronic card

Firm annotation

Section 269/1 is the base offence of the Chapter on Offences Relating to Electronic Cards and the card analogue of document forgery under Section 264. The term electronic card is not defined in this Section but in Section 1(14) of the General Part, and the definition is deliberately wide: it covers a physical card and the data recorded on it, intangible data, codes, account numbers, and electronic serial numbers issued without any card, and anything else used with electronic data to identify the holder. The elements are: (1) making a false electronic card wholly or partly, or adding to, removing from, or altering a genuine card; (2) a manner likely to cause damage to another person or to the public; and (3) intent either to make a person believe the card is genuine or to obtain any benefit. That second intent limb is wider than Section 264, which requires only intent to deceive as to genuineness. The penalty is cumulative, imprisonment and a fine. Sections 269/2 to 269/4 reach the forging tools, cross-border movement, and use or sale of cards forged under this Section, and Section 269/7 increases every penalty in the Chapter by one half where the card is a payment or cash withdrawal card.