Chapter 18

section_number: 335
section_name: Making a false document.
explanation: A person is said to make a false document or false electronic record,Who dishonestly or fraudulently,makes, signs, seals or executes a document or part of a document;makes or transmits any electronic record or part of any electronic record;affixes any electronic signature on any electronic record;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; orWho 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; orWho 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 mental illness 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 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.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.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.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.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.Z’s will contains these word “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.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.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.Z dictates his will to A. A intentionally writes down a different 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.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.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 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.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.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.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.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 fictious 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 fictious 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.


section_number: 336
section_name: Forgery.
explanation: Forgery involves making false documents or electronic records with the intent to cause damage or injury, support a claim, or commit fraud.

section_number: 337
section_name: Forgery of record of Court or of public register, etc.
explanation: Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court or an identity document issued by Government including voter identity card or Aadhaar Card, or a register of birth, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation:For the purposes of this section, “register” includes any list, data or record of any entries maintained in the electronic form as defined in clause (r ) of sub-section (1) of section 2 of the Information Technology Act, 2000.
BNSSClassificationImprisonment for 7 years, or fine.Non-cognizableNon-bailableTriable by Magistrate of the first class.


section_number: 338
section_name: Forgery of valuable security, will, etc.
explanation: Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


section_number: 339
section_name: Having possession of document described in section 337 or 338, knowing it to be forged and intending to use it as genuine.
explanation: Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section335of this Sanhita, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section336, shall be punished with imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine.


section_number: 340
section_name: Forged document or electronic record and using it as genuine.
explanation: BNSSClassificationPunishment for forgery of such document.CognizableBailableTriable by Magistrate of the first class.


section_number: 341
section_name: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338.
explanation: This section penalizes the act of counterfeiting currency or banknotes, recognizing the severe impact on the economy and public trust.​

section_number: 342
section_name: Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material.
explanation: Counterfeiting any device or mark used for authenticating specific documents, intending to use them to give a forged document an appearance of authenticity, or possessing such counterfeit materials, is punishable with imprisonment for life or up to seven years, along with a fine. ​Other Documents or Electronic Records: Similar actions involving documents or electronic records not specified in Section 336 are punishable with imprisonment of up to seven years and a fine. ​

section_number: 343
section_name: Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
explanation: Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
BNSSClassificationImprisonment for life, or imprisonment for 7 years and fine.Non-cognizableNon-bailableTriable by Magistrate of the first class.


section_number: 344
section_name: Falsification of accounts.
explanation: Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation:It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.
BNSSClassificationImprisonment for 7 years, or fine, or both.Non-cognizableBailableTriable by Magistrate of the first class.


section_number: 345
section_name: Property mark.
explanation: BNSSClassificationImprisonment for 1 year, or fine, or both.Non-cognizableBailableTriable by Any Magistrate.


section_number: 346
section_name: Tampering with property mark with intent to cause injury.
explanation: Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
BNSSClassificationImprisonment for 1 years, or fine, or both.Non-cognizableBailableTriable by Any Magistrate.


section_number: 347
section_name: Counterfeiting a property mark.
explanation: Counterfeiting Property Mark of Another Person: Counterfeiting a property mark used by someone else is punishable with imprisonment of up to two years, a fine, or both. ​Counterfeiting Property Mark Used by a Public Servant: Counterfeiting marks used by public servants to denote manufacture, quality, or passage through a particular office, or using such counterfeit marks knowingly, is punishable with imprisonment of up to three years and a fine. ​

section_number: 348
section_name: Making or possession of any instrument for counterfeiting a property mark.
explanation: Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
BNSSClassificationImprisonment for 3 years, or fine, or both.Non-cognizableBailableTriable by Magistrate of the first class.


section_number: 349
section_name: Selling goods marked with a counterfeit property mark.
explanation: Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he provethat, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark; andthat, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; orthat otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
BNSSClassificationImprisonment for 1 years, or fine, or both.Non-cognizableBailableTriable by Any Magistrate.


section_number: 350
section_name: Making a false mark upon any receptacle containing goods.
explanation: This section deals with intentional insults made to provoke a breach of peace. If someone intentionally insults another person, knowing it is likely to provoke them into breaking public peace or committing an offence, they can be punished with imprisonment of up to two years, a fine, or both