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The Bharatiya Nyaya Sanhita (BNS), 2023, has replaced the Indian Penal Code, 1860, with the objective of modernizing and simplifying criminal law in India. One of its significant areas of reform is the law relating to documents, forgery, and false records. The making of false documents has always been recognized as a serious threat to trust in personal, commercial, and governmental transactions. With the growth of electronic communication and digital record-keeping, the legislature has expanded the definition of false documents to expressly include electronic records, thereby bringing digital frauds under the same penal framework as traditional paper-based forgeries.

Forgery under BNS, 2023, is not limited to the mere act of producing a false document but is anchored in the wrongful intention behind such an act. The law distinguishes between simply making a false document and committing forgery, the latter requiring a specific intention such as causing damage, inducing someone to part with property, or facilitating fraud. By covering aggravated forms like forgery of valuable securities, wills, and public records with harsher punishments, BNS ensures protection of both private rights and public interests.

The law on Forgery and Making of False Documents is contained in the Bharatiya Nyaya Sanhita (BNS), 2023, primarily under Sections 335 to 344 (corresponding to Sections 463 to 477A of the old Indian Penal Code, 1860).

The BNS structure clearly separates the foundational act of 'Making a False Document' from the substantive offence of 'Forgery' and then details its aggravated forms.

II. Making a false document (S. 335)-

Section 335 defines the offence of 'Making a False Document' (which corresponds to Section 464 of the Indian Penal Code, 1860). It includes various modes by which a document or record may be manipulated.

According to S. 335, A person is said to make a false document or false electronic record,

(A) Creates or makes a document-

1. Who dishonestly or fraudulently-

(i) makes, signs, seals or executes a document or part of a document;

(ii) makes or transmits any electronic record or part of any electronic record;

(iii) affixes any electronic signature on any electronic record;

(iv) makes any mark denoting the execution of a document or the authenticity of the electronic signature,

2. with the intention of causing it to be believed

-that such document or part of document, electronic record or electronic signature

-was made, signed, sealed, executed, transmitted or affixed

-by or by the authority of a person by whom or by whose authority he knows that it was -not made, signed, sealed, executed or affixed; or

Illustrations:

A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.

A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate 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.

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 ten thousand rupees. A commits forgery.

A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery.

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 intending 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 B, and thereby to discount the bill, A is guilty of forgery.

(B) Alters-

Who without lawful authority, dishonestly or fraudulently-

-by cancellation or otherwise,

-alters a document or an electronic record in any material part thereof,

-after it has been made, executed or affixed with electronic signature

-either by himself or by any other person, (whether such person be living or dead -at the time of such alteration); or

Illustrations

Z’s will contains these word “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.

A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery.

Who dishonestly or fraudulently

-causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record

-knowing that such person by reason of mental illness or intoxication cannot, or that by reason of deception practised upon him,

-(he) does not know the contents of the document or electronic record or the nature of the alteration.

Illustrations

Z dictates his will to A. A intentionally writes down a different 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.

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.

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 in as much 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.

(D). Explanations to the section-

The section provide following explanation for its better understanding,-

Explanation 1: A man’s signature of his own name may amount to forgery.

Illustrations:

A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.

A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.

A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed forgery.

A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it.

A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition.

Explanation 2: The making of a false document in the name of a fictious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

Illustration:

A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

Explanation 3: For the purposes of this section, the expression “affixing electronic signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000.

III. Forgery (S. 336)-

1. Core Offence: Forgery (Section 336)-

Section 336 of the BNS defines the offense of forgery, which is committed by making a "false document" or a "false electronic record" with a specific intent.

As per S. 336 whoever makes any false document or false electronic record, (or part thereof), with intention-

(i) to cause damage/injury, or

(ii) to support a false claim/title, or

(iii) to induce someone to part with property or enter into a contract, or

(iv) to commit fraud or that fraud may be committed

commits forgery

Punishment for committing forgery-

S. 336 lays down graded punishment for different types of forgery as-

(i) whosoever commits forgery, shall be punishable with imprisonment up to 2 years or fine or both.

(ii) whosoever commits forgery for cheating, shall be punishable with imprisonment up to 7 years or fine or both.

(iii) whosoever commits forgery for harming reputation of any party, shall be punishable with imprisonment up to 3 years and fine.

IV. Aggravated forms of forgery-

Ss. 338 and 339 deal with aggravated forms of forgery. These are, the instances where the offence of forgery is considered more serious and severely punishable due to the nature of the document forged or the intent behind it.

1. Forgery of record of court or of public register, etc (S. 337)-

Section 337 addresses a serious type of forgery specifically aimed at documents considered vital for public faith and legal order.

In a simple way, Section 337 makes it a major crime to forge official or legal records.

This includes forging any document or electronic record that pretends to be one of the following official items:

a. Court Records: Documents or proceedings belonging to or used in a court.

b. Official Identity Documents: Identity documents issued by the Government, such as a Voter Identity Card or Aadhaar Card.

c. Public Registers: Official registers, such as those recording birth, marriage, or burial, or any register maintained by a public servant in their official capacity. (Note: A "register" includes lists, data, or entries maintained in electronic form).

d. Official Certificates and Legal Authority: A certificate or document supposedly made by a public servant acting officially, or legal documents granting the power to file or defend a lawsuit (like a power of attorney).

The Punishment: Committing this type of forgery is punishable with imprisonment of either description for a term which may extend to seven years, and the offender shall also be liable to fine.

2. Forgery of Valuable Security, Will, etc. (S. 338)-

What is forged: A document that purports to be a valuable security, a Will, or an authority to adopt a son, or a document purporting to give authority to receive or transfer valuable security or property, or a receipt for money or property.

Punishment: Imprisonment for life, or rigorous imprisonment up to 10 years, and fine.

3. Having in possession and intending it to be used as genuine (S. 339)-

Having in possession any forged document described in Section 337 (Court Record, etc.) or Section 338 (Valuable Security, Will, etc.), knowing it to be forged, and intending to use it as genuine fraudulently or dishonestly.

Punishment: Imprisonment up to 7 years, and fine.

V. Allied offences of forgery-

In addition to the act of making a forged document, the BNS penalizes related actions concerning forgery:

1. Forged document or electronic record and using it as genuine (S. 340)-

This section essentially establishes two points:

a. Definition: A document or electronic record that is created wholly or partially by forgery is officially designated as a "forged document or electronic record".

b. The Crime and Punishment: If a person fraudulently or dishonestly uses this document (or electronic record) as if it were real, knowing or having reason to believe it is fake, that person is guilty of an offence. He shall be punished in the same manner as if he had forged such document or electronic record. It means the law holds the knowing user as equally accountable as the creator.

2. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 336 (or 338) (S. 341)-

This section addresses several offences related to the instruments of forgery. Section 341 addresses the illegal creation and use of tools specifically designed to produce forged documents, essentially punishing the preparation for serious forgery.

The section covers four main scenarios:

a. Making Tools for Serious Forgery:

If a person makes or possesses a counterfeit seal, plate, or other instrument, specifically intending to use it to commit the most serious types of forgery (like forging a Valuable Security or a Will, punishable under Section 336/338 of the BNS), they face severe punishment, which can include imprisonment for life or up to seven years imprisonment, along with a fine.

b. Making Tools for General Forgery:

If a person makes or possesses a counterfeit tool intended to commit any other kind of forgery (not the serious type mentioned above), they can be punished with imprisonment up to seven years, plus a fine.

c. Simple Possession of Counterfeit Tools:

If a person simply possesses any such seal, plate, or instrument, knowing it to be counterfeit, they face a penalty of up to three years imprisonment, along with a fine.

d. Using Counterfeit Tools:

If a person fraudulently or dishonestly uses a counterfeit seal, plate, or instrument as if it were genuine, they are liable for the same punishment that applies to the person who originally made or counterfeited it.

3. Counterfeiting device or mark used for authenticating documents described in section 336, or possessing counterfeit marked material (S. 342)-

Section 342 is related to counterfeiting a device or mark used to authenticate documents or electronic records. It makes it a crime to make a fake mark or device with the intent to forge documents, or to have such a fake mark or device in your possession. The penalty for this offense is imprisonment of up to seven years and a fine.

4. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security (S. 343)-

This section covers individuals who fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancel, destroy, or deface, or attempt to cancel, destroy or deface, or secrete or attempt to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document; the punishment for this offence is severe, mandating imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and liability to fine.

5. Falsification of accounts (S. 344)-

This section applies to a clerk, officer, or servant who, wilfully and with intent to defraud, commits the following acts:

i. Destroys, alters, mutilates, or falsifies any book, electronic record, valuable security, or account belonging to or possessed by the employer.

ii. Makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such record or account.

iii. Punishment: Imprisonment up to seven years, or fine, or both.

VI. Conclusion-

The span of Sections 336 to 344 of the BNS, forming a part of Chapter XVIII, outlines a comprehensive framework designed to safeguard the authenticity and trustworthiness of documents and electronic records in legal and commercial spheres.

The primary focus of this legislative block is twofold:

(1) Defining the act of Forgery (Section 336) and

(2) Establishing various allied offences that cover the preparation, facilitation, possession, and misuse of forged or critical documents. The offences criminalised include:

a. The Act of Forgery (336, 337, 338): The structure clearly links the punishment to the malicious intent behind the fabrication and the nature of the document forged.

i. General Forgery (336): Punishes making a false document with intent to cause damage, support a false claim, cause a person to part with property, or commit fraud.

ii. Specific Forgery (337 and 338): Applies enhanced penalties for documents critical to public order and personal affairs. Section 338, specifically targeting valuable securities, wills, and authorities to adopt a son, mandates severe punishment, including imprisonment for life or a term up to ten years, underscoring the high legal value attached to these instruments. Similarly, Section 337 protects records of Courts, public registers (including identity documents like Aadhaar), and official certificates from public servants.

b. Using and Possessing Forgeries (339 and 340): The BNS ensures accountability for the entire chain of crime.

i. Section 340 designates any false document made by forgery as a "forged document or electronic record" and states that whoever fraudulently or dishonestly uses such a document as genuine shall be punished in the same manner as if they had forged it themselves.

ii. Section 339 makes the possession of such forged documents (described in 337 or 338), knowing them to be forged and intending to use them as genuine, a punishable offence, with penalties commensurate with the class of document held.

c. Preparation, Tools, and Destruction (341, 342, 343): These sections tackle the necessary means and counter-measures involved in document fraud.

i. Sections 341 and 342 criminalise the creation or possession of counterfeit seals, plates, or authentication marks intended to facilitate forgery, particularly when aimed at sensitive documents like valuable securities.

ii. Section 343 acts as a safeguard against the deliberate removal of authentic documents, punishing the fraudulent cancellation, destruction, or secretion of wills, valuable securities, or authorities to adopt a son, with penalties up to imprisonment for life or seven years.

d. Internal Fraud (344): The scope concludes with the specific offence of Falsification of Accounts (344), imposing up to seven years imprisonment on clerks, officers, or servants who wilfully alter, destroy, or make false entries in their employer’s books or electronic records with intent to defraud.

In conclusion, the range of BNS Sections 336 to 344 establishes a robust and modern legal defence system for documentation, explicitly addressing the digital nature of records and applying graded, deterrent punishments to penalise not only the ultimate act of forging important documents but also the preparatory steps, knowing possession, and misuse that sustain document-related fraud.

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References-

1. “The Bharatiya Nyaya Sanhita” https://www.indiacode.nic.in/bitstream/123456789/20062/1/a2023-45.pdf

2. “BNS Chapter 19” https://devgan.in/bns/chapter_18.php

3. “Document-related offences in BNS” https://lawarticle.in/document-related-offences-in-bns/

4. Section 340 – Bharatiya Nyaya Sanhita (BNS) – Forged Document Or Electronic Record And Using It As Genuine. https://www.apnilaw.com/bare-act/bns/section-340-bharatiya-nyaya-sanhita-bns-forged-document-or-electronic-record-and-using-it-as-genuine/

5. “THE BHARATIYA NYAYA SANHITA, 2023” https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nyaya_Sanhita,_2023.pdf

6. “Forgery Bharatiya Nyana Sanhita” https://www.youtube.com/watch?v=er4UQSjHVUs