BNS Section 336: Forgery

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.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.