Making a False Document and Punishment under BNS Section 335 (Former IPC Section 464)
Changing a salary slip to obtain a loan, fabricating an employment certificate, signing a document in another person's name or altering a digital record may attract criminal liability when the legal elements of forgery are established.
What is a false document under Section 335 of BNS?
Section 335 of the Bharatiya Nyaya Sanhita, 2023 addresses false documents and false electronic records. In substance, a person makes a false document or electronic record where the person acts dishonestly or fraudulently in any of the following ways:
- False creation, execution or authentication: makes, signs, seals or executes a document, creates or transmits an electronic record, affixes an electronic signature, or marks an execution or authentication intending others to believe that it was done by, or under the authority of, someone who did not authorize it.
- Unauthorized material alteration: dishonestly or fraudulently changes a material part of an already made or executed document or electronic record without lawful authority.
- Deceptively obtaining execution: dishonestly or fraudulently causes someone to sign, execute or alter a document or electronic record while knowing that, because of unsoundness of mind, intoxication or deception, that person does not understand its contents or the nature of the alteration.
The section also contains explanations and illustrations that help distinguish false making from other disputes about the truth or legal effect of a document. A document containing an incorrect statement is not automatically a forged document; the precise manner of making or alteration and the required dishonest or fraudulent intent matter.
Forgery under Section 336 of BNS
Section 336(1) defines forgery: making a false document or electronic record, wholly or partly, with intent to cause damage or injury, support a claim or title, induce a person to part with property or enter a contract, or commit or facilitate fraud. The required intent must be assessed on the facts.
Punishment for forgery in India
| Offence | Current BNS provision | Maximum punishment |
|---|---|---|
| Ordinary forgery | Section 336(2), formerly IPC Section 465 | Imprisonment up to 2 years, or fine, or both |
| Forgery intended for cheating | Section 336(3), formerly IPC Section 468 | Imprisonment up to 7 years and fine |
| Forgery intended to harm reputation | Section 336(4), formerly IPC Section 469 | Imprisonment up to 3 years and fine |
| Forgery of court records, government identity documents, public registers and specified official documents | Section 337 | Imprisonment up to 7 years and fine |
| Forgery of valuable security, wills and certain other important documents | Section 338 | Life imprisonment, or imprisonment up to 10 years, and fine |
Forged documents and electronic records: Section 340
Section 340(1) describes a document or electronic record made wholly or partly by forgery as a forged document or electronic record. Under Section 340(2), a person who fraudulently or dishonestly uses such a record as genuine, knowing or having reason to believe it is forged, is punishable in the same manner as if that person had forged it.
Practical examples: salary slips, loans and workplace documents
Altered salary slip or employment certificate
Falsifying an employer-issued salary slip, signature, letterhead or electronic record to obtain a loan, credit card or new job can raise forgery and cheating issues. Liability depends on proof of false making, knowledge, intention and the surrounding facts; merely disputing a salary figure does not by itself establish forgery.
Signing on behalf of an employer or another person
Signing another person's name or applying an electronic signature without authority may constitute making a false document if the statutory elements are satisfied. Genuine authorization and the circumstances of execution are important.
Pressure to sign inaccurate records
An employee asked to certify false invoices, attendance, accounts or other records should not assume that instructions from a superior provide immunity. At the same time, criminal liability cannot be presumed merely from a signature: the employee's role, knowledge and intention must be examined.
Old IPC sections and their corresponding BNS provisions
| Earlier Indian Penal Code | Current Bharatiya Nyaya Sanhita |
|---|---|
| Section 463 - Forgery | Section 336(1) |
| Section 464 - Making a false document | Section 335 |
| Section 465 - Punishment for forgery | Section 336(2) |
| Section 468 - Forgery for cheating | Section 336(3) |
| Section 469 - Forgery to harm reputation | Section 336(4) |
| Section 470 - Forged document | Section 340(1) |
| Section 471 - Using forged document as genuine | Section 340(2) |
For alleged conduct occurring before 1 July 2024, the earlier IPC and applicable savings and transitional rules may remain relevant. The date of the alleged act and procedural history should be checked before selecting the governing provision.
Precautions before signing or submitting documents
- Read the entire document, including annexures, before signing or digitally authenticating it.
- Do not alter salary slips, certificates, dates, signatures or financial statements to mislead an employer, lender or authority.
- Confirm that you have lawful authority to sign or submit a document on someone else's behalf.
- Keep copies of the original document, communications and any written authorization.
- Seek independent legal advice if asked to create or certify information you believe is false.
Official legal references
- India Code: Bharatiya Nyaya Sanhita, 2023 (official Act PDF)
- India Code: BNS Act details and commencement
- Ministry of Home Affairs: New criminal laws
This article provides general legal information, not case-specific legal advice. Relevant facts, commencement, savings provisions and subsequent legal developments should be reviewed in individual cases.