Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XVIII > Forgery (S. 336 BNS)
Forgery is a fraudulent act of creating a copy of a document, signature, a bank note or work of authorship that is intended to be passed off as genuine when it is not. Forgery in simple terms means fabricating and producing false documents or part of a document to cause harm to an individual. It also includes fraudulently making or altering writing or signature claiming/purporting to be made by another, and the false making or material alteration or addition to a written instrument like a cheque or a bond for the purpose of fraud and deceit leading to harming someone. Negotiable instruments, cheques, bonds, wills and contracts are some of the examples of documents which can be forged. The usual types of forgery are: simulation of writing by free hand, traced forgery, and disguised writing. Those who commit forgery are usually charged with the crime of fraud. Chapter XVIII of Bharatiya Nyaya Sanhita, 2023 (BNS) deals with offences related to document and property marks.
S. 336 BNS:
Forgery:
(1) Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
(2) Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(3) Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(4) Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Ingredients of Forgery Under Section 336(1):
In the landmark case Sushil Suri v. C.B.I., AIR 2011 SC 1713 case, the Supreme Court laid down the basic elements of forgery in S.463 IPC as follows:
- Making a false document or part of it.
- Such act is done with intention:
- To cause damage or injury to the public or any person
- To support or claim any title
- To cause any person to part with property
- To cause any person to enter into an express or implied contract
- To committed fraud or that fraud is committed
The first ingredient in order to make someone liable for the offence of forgery is making of a false document or electronic record. Thus, it involves deception. What is false document is explained under Section 335 BNS.
Every false or fabricated document is not a forged document. There must be acts that constitute the document a false document a false or fabricated one, that is to say the case must fall within a definition of making a false document in Section 335 BNS, and such false document must also possess the character or tendency described in Section 336(1) BNS.
The second ingredient is intention to deceive. The crime of forgery is not imposed unless it is done with the intent to commit fraud larceny. For example, the work of art can be replicated or copied without any crime being committed unless someone attempted to sell or represent it as the original copies. Five situations are given under this section and if the intention of offender in any one of the situations is met then one of the ingredients of forgery is fulfilled.
In T.N. Rugmini v. C. Achutta Menon, AIR 1991 SC 983 case, the Supreme Court held that making an application in another’s name without any intention to defraud or causing harm to anyone does not amount to an offence of forgery under section 464 of IPC (S. 335 BNS).
Situation 1: To Cause Damage or Injury to the Public or any Person
Injury is something other than economic loss, that is, deprivation of property, whether immovable or movable, or of money, and it will include a harm whatever caused to any person in body, mind reputation or such others. It is non-economic or non-pecuniary loss.
It should be noted that the intention to cause injury is not an essential ingredient of the offence of forgery, rather Intention to cause damage or injury to the public or person is only one of the five situations. The situation arises when some damage or injury must be intended to be caused by the false document to the public or to any individual. Causing of actual damage, injury or fraud is not necessary.
In Sanjiv Ratanappa v. Emperor, AIR 1932 Bom. 545 case, the court held that a police officer who makes any changes in his diary so as to show that he had not kept certain persons under surveillance will not be held liable for the offence of forgery because there is no risk of damage or injury to any other individual. Therefore, if there is no damage or loss to any individual then the person will not be made liable under Section 463 of IPC (S. 336 BNS).
Situation 2: To Support Any Claim or Title
A person who has legal claim or title over a property can be made liable under section 463 if he counterfeits the documents in order to support it. Illustrations (f), (g), (h) and (i) attached to Section 335 BNS makes it clear. An actual intention to convert an illegal or doubtful claim into an apparently legal claim is dishonest and will constitute the offence forgery. The word “claim” is not intended to mean to a claim of property only, it includes claim to the custody of children or wife or claim to be admitted as a student to any course of study or to any examination.
For Example: D said that his property will be transferred to A, B and C in equal share after his life time. A acting in dishonest manner scratched the name of B intending that whole property will be shared between himself and C. Here A has committed forgery and will be liable under section 336(1) BNS.
Situation 3: To Cause Any Person to Part with His Property
When a person makes a false document with an intention to cause, any other person to part with his property and it is not necessary that the property must be in existence at that time when the false document is made. For example: If A gives an order to B to make some furniture for him, but C before the said furniture is made writes a false letter purporting, but falsely, to be signed by A, authorizing B to deliver the same to C when made. Here C will be guilty of an offence under this section by writing that false letter with intent to cause B to part with the said furniture, when made.
Situation 4: To Enter into Any Express or Implied Contract:
If the contract is made with the element of fraud, it becomes voidable and if a person under BNS, does the same thing, he will be held liable for committing the fraud.
Situation 5: To Commit Any Fraud or That Fraud May Be Committed
There are cases in which a person can be made liable if he makes a false document with an intention to commit fraud with the other individual. In order to constitute fraud, an intention to deceive is required and by means of “deceit” to obtain an advantage is necessary and if a document is fabricated with such an intention, the offence of forgery is committed.
In Dr. Vimla vs Delhi Administration, AIR 1963 SC 1572 case, the Supreme Court held that the expression “defraud” involves two elements, namely (i) deceit and (ii) injury to the person deceived.
Punishment for Forgery (S. 336(2) BNS):
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Classification of Offence:
The offence is Non-Cognizable, Bailable, and triable Magistrate of the First Class.
Punishment for Forgery for Cheating (S. 336(3)):
Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Classification of Offence:
The offence is Cognizable, Non-Bailable, and triable Magistrate of the First Class.
In Md. Ibrahim v. State of Bihar, (2009) 8 SCC 751 case, the Supreme Court held that, a person is said to have made a ‘false document’, if:
- He made or executed a document claiming to be someone else or authorized by someone else; or,
- He altered or tampered a document; or,
- He obtained a document by practicing deception, or from a person not in control of his senses.
In Sheila Sebastian v. R. Jawaharaj, AIR 2018 SC 2434 case, the Supreme Court observed that
- Forgery can be described as merely the means to achieve an end- the end being deception. The main difference between cheating and forgery is that in cheating the deception is oral, whereas in forgery it is in writing.
- The very basis of the offence of forgery is the making of a false document with the criminal intention to cause damage to any person.
- Only those acts of forgery, which are accompanied by the elements of deception and injury, can be said to be covered by the definition of forgery under Sections 463 and 464 of the Indian Penal Code, 1860 (Ss. 335 and 336 BNS).
- Making of false document is the soul of forgery. What constitutes a false document or part of document is not the writing of any number of words which in themselves are innocent, but the affixing of the seal or signature of some person to the document or part of a document knowing that the seal or signature is not his and that he gave no authority to affix it. In other words, the falsity consists in the document, or part of a document, being signed or sealed with the name or seal of a person who did not, in fact, sign or seal it.
- To constitute forgery within the meaning of Section 463 of the Indian Penal Code, 1860 (S. 336 BNS), the following ingredients must be established:
- The document or the part of the document must be false; It must have been made dishonestly or fraudulently within the meaning of the words as used in Section 464 of the Indian Penal Code, 1860 (S. 335 BNS); and,
- It must have been made with one of the intents specified under Section 463 of the Indian Penal Code, 1860 (S. 336 BNS).
- Preparation for forgery is not an offence under the provisions of the BNS.
Punishment for Forgery for Harming Reputation (S. 336(4)):
Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Classification of Offence:
The offence is Cognizable, Bailable, and triable Magistrate of the First Class.
Conclusion:
In conclusion, forgery stands as a serious criminal offense under the Bharatiya Nyaya Sanhita, 2023. It involves the creation, alteration, or use of false documents with the intent to deceive, defraud, or cause harm to another person or institution. The law treats forgery not just as a breach of trust but as a threat to the integrity of legal, financial, and administrative systems, which are fundamental to the functioning of society.
The essential elements of forgery include the intentional making or alteration of a document, fraudulent intent, and the potential to cause harm or gain an unfair advantage. The BNS prescribes strict penalties, including imprisonment, fines, or both, to deter individuals from engaging in such deceitful practices.
Judicial interpretations in landmark cases have emphasized the need to prove both the act of forgery and the intent behind it. The evolving nature of forgery, especially with the rise of digital technologies, has expanded its scope to include cyber forgeries, digital document tampering, and identity fraud. This underscores the importance of updating legal provisions to effectively tackle new forms of criminal activity.
Ultimately, the criminalization of forgery serves as a vital mechanism to uphold justice, protect public and private interests, and maintain the rule of law. It reinforces the principle that honesty, integrity, and transparency are indispensable values in any civilized society.
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