BNS Section 336: Forgery
Section 336 falls under Chapter 18 of the Bharatiya Nyaya Sanhita (BNS). Chapter 18 covers offences relating to documents and to property marks. Each section under this chapter deals with different offences related to various property related crimes. Section 336 specifically deals with forgery. Let us take a closer look at its provisions.
Definition of BNS Section 336
Section 336 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(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.
Explanation and Illustration of BNS Section 336
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of forgery. Let us break down the section to get a better understanding of it.
Offence
This section has been divided into four subsections. The first subsection defines forgery as an offence for the purposes of this section. The remaining three sections define the punishment for forgery under different circumstances, contexts and conditions. Let us take a look at these one by one.
Subsection (1) defines forgery as an act of making a false document or electronic record. Making a false document, as per Section 335, involves:
Creating and executing a document that never existed by signing on behalf of a person without their awareness or permission.
Altering an existing document without the authority of the permission of the parties that have executed that document
Making someone execute an agreement through deception or while they are mentally impaired.
However, the above have to be committed with the intent to commit fraud or a dishonest act. Any of the above actions will be considered as forgery under this section, if they have been committed with the intent to:
cause damage or injury to the public or to any person, or
support any claim or title in any property related matter, or
cause any person to part with their property, or
enter into any express or implied contract, or
commit fraud or that fraud may be committed, commits forgery.
Subsection (2) defines the punishment for committing forgery.
Subsection (3) defines the punishment for committing forgery with the intention of cheating.
Subsection (4) defines the punishment for committing forgery with the intent of harming a reputation or knowing well that such action can harm a reputation.
Punishment
Any person found guilty of committing forgery shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
Any person found guilty of committing forgery with the intent of cheating someone shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Any person found guilty of committing forgery with the intent of harming a reputation or knowing well that such action can harm a reputation shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Key Points in BNS Section 336
This section deals with: Forgery
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 336 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 336 of BNS replaces Section 463, 465, 468, 469 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 336 | Forgery | 463, 465, 468, 469 | Four sections have been clubbed under on as separate subsections. |
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FAQs about Section 336 of the Bharatiya Nyaya Sanhita (BNS)
What is forgery under Section 336?
Creating false documents in order to hurt someone or their property so as to commit fraud is considered to be forgery for the purpose of this section.
What are the penalties for forging documents or records?
Any person found guilty under this section shall be punished with imprisonment that could vary from two years to seven years depending on the severity of the offence.
Does this section apply to digital forgery?
Yes. This section applies to all kinds of forgery.
How can victims prove forgery in court?
By proving the falseness of the documents involved in the forgery, a person can prove the offence in court.
Are there enhanced penalties for forgery affecting public trust?
No. There is no special provision for breach of public trust under Section 336.
