Code: Section 335 BNSS
A person is said to make a false document or false electronic record—
(A) Who dishonestly or fraudulently—
(i) makes, signs, seals or executes a document or part of a document;
(ii) makes or transmits any electronic record or part of any electronic
record;
(iii) affixes any electronic signature on any electronic record;
(iv) makes any mark denoting the execution of a document or the
authenticity of the electronic signature,
with the intention of causing it to be believed that such document or part of
document, electronic record or electronic signature was made, signed, sealed,
executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or
affixed; or
(B) Who without lawful authority, dishonestly or fraudulently, by cancellation
or otherwise, alters a document or an electronic record in any material part thereof,
after it has been made, executed or affixed with electronic signature either by himself or
by any other person, whether such person be living or dead at the time of such
alteration; or
(C) Who dishonestly or fraudulently causes any person to sign, seal, execute or
alter a document or an electronic record or to affix his electronic signature on any
electronic record knowing that such person by reason of unsoundness of mind or
intoxication cannot, or that by reason of deception practised upon him, he does not
know the contents of the document or electronic record or the nature of the alteration.
Illustrations.
(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud
B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by
B that Z so wrote the letter. A has committed forgery.
(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance
of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining
from B the purchase-money. A has committed forgery.
(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any
sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the
sum of ten thousand rupees. A commits forgery.
(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the
sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten
thousand rupees for the purpose of making certain payments. B fraudulently fills up the
cheque by inserting the sum of twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B’s authority,
intending to discount it as a genuine bill with a banker and intending to take up the bill on its
maturity. Here, as A draws the bill with intent to deceive the banker by leading him to
suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.
(f) Z’s will contains these words—“I direct that all my remaining property be equally
divided between A, B and C”. A dishonestly scratches out B’s name, intending that it may be
believed that the whole was left to himself and C. A has committed forgery.
(g) A endorses a Government promissory note and makes it payable to Z or his order
by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B
dishonestly erases the words “Pay to Z or his order”, and thereby converts the special
endorsement into a blank endorsement. B commits forgery.
(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate,
executes a conveyance of the same estate to B, dated six months earlier than the date of the
conveyance to Z, intending it to be believed that he had conveyed the estate to B before he
conveyed it to Z. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down a different legatee from the
legatee named by Z, and by representing to Z that he has prepared the will according to his
instructions, induces Z to sign the will. A has committed forgery.
(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is
a man of good character and in distressed circumstances from unforeseen misfortune,
intending by means of such letter to obtain alms from Z and other persons. Here, as A made
a false document in order to induce Z to part with property, A has committed forgery.
(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s
character, intending thereby to obtain employment under Z. A has committed forgery in as
much as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter
into an express or implied contract for service.
Explanation 1.—A man’s signature of his own name may amount to forgery.
Illustrations.
(a) A signs his own name to a bill of exchange, intending that it may be believed that
the bill was drawn by another person of the same name. A has committed forgery.
(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in
order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and
negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,
knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of
forgery.
(c) A picks up a bill of exchange payable to the order of a different person of the same
name. A endorses the bill in his own name, intending to cause it to be believed that it was
endorsed by the person to whose order it was payable; here A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B. B, after the
seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent
and for a long period and dates the lease six months prior to the seizure, with intent to
defraud A, and to cause it to be believed that the lease was granted before the seizure. B,
though he executes the lease in his own name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and
with intent to defraud his creditors; and in order to give a colour to the transaction, writes a
promissory note binding himself to pay to B a sum for value received, and antedates the
note, intending that it may be believed to have been made before A was on the point of
insolvency. A has committed forgery under the first head of the definition.
Explanation 2.—The making of a false document in the name of a fictitious person,
intending it to be believed that the document was made by a real person, or in the name of a
deceased person, intending it to be believed that the document was made by the person in
his lifetime, may amount to forgery.
Illustration.
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in
the name of such fictitious person with intent to negotiate it. A commits forgery.
Explanation 3.—For the purposes of this section, the expression “affixing electronic
signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2
of the Information Technology Act, 2000.
Explanation of Section 335 BNSS
This section criminalizes the creation, alteration, or use of false documents with dishonest intent. It includes both physical documents and electronic records, reflecting the modern era where digital fraud is prevalent. The key elements are intent to deceive, lack of lawful authority, and the use of false information to mislead others.
Illustrations
- Forgery to Inflate Value:
- Example: A has a letter of credit for ₹10,000 written by Z. A adds extra digits to make it ₹1,00,000 to deceive B.
- Outcome: A has committed forgery.
- Unauthorized Use of Seal:
- Example: A affixes Z’s seal on a document pretending it’s a conveyance of an estate from Z to A to sell it fraudulently to B.
- Outcome: A has committed forgery.
- Cheques with Altered Amounts:
- Example: A picks up an unsigned cheque from B and fills in ₹10,000 fraudulently.
- Outcome: A has committed forgery.
- Antedating to Defraud:
- Example: A executes a conveyance of an estate to B with a date earlier than the actual transaction date to defraud Z.
- Outcome: A has committed forgery.
- False Will Creation:
- Example: A changes the legatee’s name in Z’s will to benefit themselves.
- Outcome: A has committed forgery.
- False Character Certificate:
- Example: A signs a letter in B’s name claiming A’s good character to obtain alms deceitfully.
- Outcome: A has committed forgery.
Common Questions and Answers
1. What is considered a false document under Section 335?
A document is false if it is created, altered, or used dishonestly with the intent to deceive, including both physical documents and electronic records.
2. Does Section 335 apply to digital fraud?
Yes, it applies to both traditional documents and digital records, including electronic signatures as per the Information Technology Act, 2000.
3. What are the penalties for making a false document?
The punishment can include imprisonment, fines, or both, depending on the severity of the offense and other related sections like Section 336 (Punishment for Forgery).
4. Can a person be punished if they unknowingly use a forged document?
No, the intention to deceive (dishonest or fraudulent intent) is crucial for an offense under Section 335. Without this intent, it may not qualify as forgery.
5. Is it forgery if I sign my own name but intend to deceive?
Yes, even if you sign your own name, if the intent is to deceive someone, it can be considered forgery.
Conclusion
Section 335 of the Bharatiya Nyaya Sanhita (BNS) plays a critical role in combating fraudulent activities related to false documents and electronic records. With the increasing prevalence of digital transactions, this section ensures that both physical and digital fraud are covered under the law. The law emphasizes the importance of honest dealings and authentic documentation in personal, commercial, and legal transactions.
Understanding the nuances of this section helps individuals and businesses stay vigilant against fraudulent practices and protects the integrity of legal and financial systems.
