BNS Section 336 – Forgery
The Indian Penal Code (IPC) Section – 463,465,468,469
Bharatiya Nyaya Sanhita (BNS) Section 336: Forgery
This section defines and punishes the act of forgery, which involves creating or altering a document or electronic record with the intent to deceive, cause harm, or commit fraud. Below is a simple explanation of the law in easy-to-understand language:
What is Forgery?
Forgery occurs when a person:
- Creates a false document or electronic record (or part of it).
- Does so with the intent to:
- Cause damage or injury to the public or any person.
- Support a false claim or title.
- Make someone part with property.
- Enter into a contract (express or implied).
- Commit fraud or enable fraud to be committed.
Types of Forgery and Punishments
| Type of Forgery | Punishment |
|---|---|
| General Forgery | – Jail term up to 2 years, or – Fine, or – Both. |
| Forgery for Cheating | – Jail term up to 7 years, and – Fine. |
| Forgery to Harm Reputation | – Jail term up to 3 years, and – Fine. |
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | – Non-cognizable (for general forgery). – Cognizable (for forgery for cheating or harming reputation). |
| Bailable or Non-bailable | – Bailable (for general forgery and harming reputation). – Non-bailable (for forgery for cheating). |
| Court for Trial | Magistrate of the First Class – The case is tried by a higher-level Magistrate. |
Key Points to Understand
- Intent to Deceive or Harm:
- The offender must act with the intent to deceive, cause harm, or commit fraud.
- Types of Documents:
- Physical documents (e.g., cheques, contracts, wills).
- Electronic records (e.g., emails, digital signatures).
- Severity of Punishment:
- Forgery for cheating carries the harshest punishment (up to 7 years in jail).
Examples of Forgery
- General Forgery:
- A creates a fake certificate to claim a job. A is guilty of forgery.
- Forgery for Cheating:
- A forges a cheque to withdraw money from someone else’s account. A is guilty of forgery for cheating.
- Forgery to Harm Reputation:
- A creates a fake letter in B’s name to damage B’s reputation. A is guilty of forgery to harm reputation.
Why is this Law Important?
This law is important because:
- It prevents fraud and deception through false documents.
- It protects individuals and organizations from financial and reputational harm.
- It ensures the authenticity of legal and financial records.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 336 makes it a crime to create or alter a document or electronic record with the intent to deceive, cause harm, or commit fraud. Punishments range from 2 years to 7 years in jail, depending on the intent behind the forgery. The law ensures that such deceptive practices are punished, maintaining trust in legal and financial systems.
