What Counts as Forgery
In simple terms, forgery means creating a false document (or electronic record) with the intent to deceive, cause harm, or gain something unlawfully. It is not merely about copying someone’s signature. The law focuses on intent, meaning the person must have knowingly meant to defraud, cause damage, or unlawfully support a claim.
The Governing Law: From IPC to BNS
Until mid-2024, forgery in India was governed by the Indian Penal Code (IPC), 1860, primarily Chapter XVIII (Sections 463 to 477A). Since 1 July 2024, this has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023, under its own Chapter XVIII, titled “Offences Relating to Documents and to Property Marks.”
The key provisions under BNS include:
- Section 335 deals with making a false document or electronic record, essentially defining the act itself.
- Section 336 is the core forgery provision. It consolidates what were earlier separate IPC sections into one, covering forgery generally, forgery for the purpose of cheating, and forgery intended to harm someone’s reputation.
- Section 337 covers forgery of court records or public registers, and now expressly includes government-issued identity documents such as voter ID cards.
- Section 338 deals with forgery of valuable security, wills, or documents that grant power of attorney.
- Section 339 punishes possession of a forged document described under Sections 337 or 338, knowing it to be forged, with intent to use it as genuine.
- Section 340 addresses using a forged document as if it were genuine.
- Section 341 criminalises making or possessing counterfeit seals or plates used to forge documents, and even mere possession with knowledge of counterfeiting is now punishable.
Alongside the BNS, the Information Technology Act, 2000 remains relevant since it governs offences involving electronic records and digital signatures, an area that increasingly overlaps with document forgery.
Old Law vs New Law: A Quick Comparison
| Aspect | IPC, 1860 | BNS, 2023 |
|---|---|---|
| Making false document | Section 464 | Section 335 |
| General forgery | Section 463 | Section 336(1) |
| Punishment for forgery | Section 465 | Section 336(2) |
| Forgery for cheating | Section 468 | Section 336(3) |
| Forgery to harm reputation | Section 469 | Section 336(4) |
| Forgery of court records/public registers | Section 466 | Section 337 |
| Counterfeit seals/plates | Section 473 | Section 341 |
| Electronic records covered | Not explicit | Explicitly included |
Penalties Under the Law
Punishment depends on the purpose and consequence of the forgery:
- Simple forgery: imprisonment up to two years, or fine, or both.
- Forgery intended for cheating: imprisonment up to seven years, along with fine.
- Forgery of valuable security, wills, or authorisation documents: more severe imprisonment, given the higher potential for harm.
- Possessing or using forged documents knowingly: separate punishment, often mirroring the forgery offence itself.
Frequently Asked Questions
It depends on the specific section. Simple forgery under Section 336(2) BNS is generally bailable, while forgery for cheating under Section 336(3) is non-bailable.
No. Intent to cause damage, injury, or deception is enough; actual loss is not always necessary.
Yes, since electronic records are explicitly included within the definition of “document” under BNS.
Forgery involves creating or altering a false document. Cheating involves dishonestly inducing someone to act based on deception, which may or may not involve a forged document.
Yes, if the person knows it is forged and intends to use it as genuine.
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