Introduction of 335 BNS
335 BNS criminalizes the dishonest creation, alteration or transmission of documents and electronic records with the intent to deceive. Replacing IPC Section 464, this provision covers both traditional paper forgery (false deeds, altered cheques, tampered contracts) and modern digital fraud (unauthorised use of e-signatures, forged electronic records). The offence requires dishonest or fraudulent intent — it is not triggered by honest mistakes — and may include exploiting vulnerable persons, using fictitious or deceased identities, or materially altering genuine documents. Because the law explicitly includes electronic records and signatures, BNS 335 is especially relevant to banks, courier services, property transactions and online commerce. Penalties range from imprisonment and fines (with stricter sentences for entrusted-document breaches or aggravated cases) and the offence is cognizable so police can act promptly. Understanding BNS 335 helps victims spot forgery, businesses secure document workflows, and readers appreciate how the law protects both paper and digital trust.
The Bharatiya Nyaya Sanhita (BNS) Section 335 replaces the old Indian Penal Code (IPC) Section 464.
What is BNS Section 335 ?
BNS Section 335 defines the act of “making a false document” or “false electronic record” as creating, altering, or transmitting any document or electronic record dishonestly or fraudulently. It includes actions such as forging signatures, seals, or electronic signatures with the intent to deceive others. The purpose must be to make others believe that the document or electronic record is genuine, even when the individual knows it is not. Forgery also extends to fraudulent alterations of existing documents or influencing individuals who are vulnerable to create false documents.
Under Section 335 of the bns act 2023
“Whoever dishonestly or fraudulently makes, alters, signs, seals, transmits, or affixes an electronic signature to any document or electronic record, intending it to be believed as genuine, shall be guilty of making a false document or false electronic record. This act is punishable with imprisonment and fine, depending on the severity of forgery committed.”
1. Meaning of Making a False Document
- Forgery under Section 335 means creating, altering, or transmitting a document or electronic record with dishonest or fraudulent intent.
- It covers both physical documents and digital/electronic records.
- Even if no money or property is gained, the intention to deceive makes it an offense.
Example → Signing a loan agreement using someone else’s signature without consent.
2. Who is Covered?
This section applies to:
- Individuals – forging signatures, documents, or records.
- Employees/Agents – misusing entrusted documents.
- Cyber offenders – creating fake digital IDs or forging e-signatures.
- Fraudsters – exploiting vulnerable people to sign papers they don’t understand.
3. Types of Forgery Covered under BNS 335
- Forgery of ordinary documents → Altering or creating fake contracts, receipts, or letters.
- Forgery of entrusted documents → Tampering with entrusted property records, parcels, or agreements.
- Forgery in electronic records → Misusing digital signatures or creating fake e-documents.
- Forgery using false or deceased identities → Creating documents in the name of imaginary or dead persons.
- Forgery by exploiting vulnerable people → Making intoxicated or mentally weak persons sign false documents.
4. Nature of the Offense
- Cognizable → Police can register FIR and arrest without a warrant.
- Bailable/Non-Bailable → Generally bailable, but serious forgery (like property papers, financial instruments) may be treated more strictly.
- Non-compoundable → Cannot be settled privately; must go through court trial.
- Trial → Usually triable by a Magistrate, but serious forgery cases can go to higher courts.
5. Punishment under BNS Section 335
- General forgery (ordinary documents) → Up to 2 years imprisonment, or fine, or both.
- Forgery of entrusted documents → Up to 3 years imprisonment, or fine, or both.
- Forgery involving serious property/financial harm → Can attract stricter punishment, even up to 7 years in aggravated cases.
6. Examples of BNS Section 335
- Example 1 – Fake Property Papers
Ramesh alters his uncle’s land documents by forging his signature to sell the land. - Example 2 – Forged Cheque
Priya changes the amount on a signed cheque from ₹10,000 to ₹1,00,000. - Example 3 – Fake Digital Signature
Arjun uses another person’s stolen e-signature to sign an online contract. - Example 4 – Misusing a Vulnerable Person
Mohan tricks an intoxicated person into signing a loan agreement.
7. Importance of BNS Section 335
- Protects the authenticity of documents and electronic records.
- Safeguards property rights, financial systems, and digital transactions.
- Prevents exploitation of vulnerable individuals.
- Ensures public trust in business, banking, and legal dealings.
- Acts as a deterrent against forgery and cyber frauds.
Section 335 BNS Overview
BNS Section 335 aims to preserve the authenticity of documents and electronic records by penalizing dishonest or fraudulent activities. It protects individuals and institutions from financial and reputational harm caused by forgery. The inclusion of electronic records highlights the law’s relevance in both traditional and digital contexts.
BNS Section 335: 10 Key Points Explained
1. Definition of Making a False Document
BNS Section 335 defines “making a false document” as creating or altering a document or electronic record dishonestly or fraudulently. It includes signing, sealing, transmitting, or affixing electronic signatures without proper authority. The primary intent behind these actions must be to deceive or mislead another person or institution into believing in the document’s authenticity.
2. Key Actions Constituting Forgery
The section outlines several actions constituting forgery, including:
- Signing or sealing a document without authority.
- Transmitting fake electronic records.
- Affixing unauthorized electronic signatures.
- Altering documents in a material way.
Each act is punishable under the law when done with fraudulent intent.
3. Forgery in Electronic Records
BNS 335 expands the concept of forgery to include digital actions, such as creating or altering electronic records. This ensures the law’s applicability in modern digital transactions. Unauthorized use of electronic signatures or manipulation of digital documents falls under this provision, making it relevant in the Information Technology era.
4. Intent and Fraudulent Purpose
The offense requires intent to deceive or defraud. Forgery isn’t accidental; it involves deliberate actions to manipulate documents or records. The intention might be to gain financially, harm others, or obtain unwarranted benefits, such as employment or monetary advantage.
5. Altering Existing Documents
Dishonestly or fraudulently altering an already executed document is considered forgery under BNS 2335. Even minor changes, if made with malicious intent, can qualify. For example, modifying amounts in cheques or contracts without consent is a clear violation.
6. Exploitation of Vulnerable Individuals
Forgery can also involve causing vulnerable individuals, such as those intoxicated or mentally incapacitated, to execute or alter documents without their understanding. Misleading or deceiving such individuals to sign papers amounts to a severe form of forgery under this section.
7. Illustrations of Forgery
The section provides practical examples to clarify its application:
- Adding false amounts to cheques.
- Forging property documents or wills.
- Misusing seals or digital signatures.
These scenarios help in understanding the varied forms of forgery in daily life.
8. Forgery in Financial Instruments
Altering financial instruments like cheques, bills of exchange, or promissory notes is a common example of forgery. For instance, unauthorized insertion of amounts or changing payee names in such documents is punishable under BNS 335.
9. Forgery Involving Fictitious or Deceased Persons
Creating documents in the name of fictitious or deceased individuals with the intent to deceive is also classified as forgery. This includes using names or identities that never existed or manipulating the identities of the deceased for unlawful benefits.
10. Scope and Relevance in Modern Context
BNS 335 extends its applicability to protect the integrity of both physical and electronic records. The inclusion of digital forgery reflects the law’s adaptability to technological advancements. It safeguards trust in legal, financial, and electronic transactions by penalizing forgery in all its forms.
Examples of BNS 335
Example 1: Fake Property Document
Ramesh forges property papers by altering the signature of the original owner, attempting to sell the land to Suresh. Ramesh’s act falls under BNS Section 335 as he dishonestly made a false document with fraudulent intent.
Example 2: Tampering with a Cheque
Priya finds an unsigned cheque from her colleague. She fills in the amount and forges his signature to withdraw money. Her act of altering the cheque and misrepresenting the authority is a clear violation of BNS 335.
Comparison: BNS Section 335 vs IPC Section 464
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 335 | Making a false document or false electronic record dishonestly or fraudulently; affixing unauthorized signature, seal, or electronic signature. | Imprisonment and fine (varies by severity: typically up to 2–3 years for ordinary cases; higher in aggravated cases). | Generally Bailable; serious cases may attract stricter treatment. | Cognizable | Any Magistrate (serious matters may proceed to higher courts) |
| IPC Section 464 (Old) | Making a false document by forgery: creating, altering or counterfeiting a document or part of it with intent to cause damage or injury. | Punishment typically up to 2 years imprisonment, or fine, or both (historic provision; severity varied by context). | Bailable | Cognizable | Any Magistrate |
BNS Section 335 FAQs
1. What is the punishment for making a false document under BNS 335?
Punishment can include imprisonment and a fine. The duration and amount depend on the nature and impact of the forgery.
2. Does BNS 335 cover digital forgery?
Yes, it includes making or altering electronic records and affixing unauthorized electronic signatures.
3. What is the intent required for this offense?
The person must act dishonestly or fraudulently, intending to deceive or harm.
4. What if someone alters a document after it is signed?
Fraudulently altering a signed document is considered making a false document under this section.
5. Are examples provided in BNS 335?
Yes, the section provides detailed examples, such as altering wills, adding false amounts to financial instruments, or forging seals.
Conclusion
BNS Section 335 strengthens protection against both classic forgery and modern digital fraud by making the dishonest creation or alteration of documents — physical or electronic — a punishable offence. The law targets not just the act of falsification but the dishonest intent behind it, with higher penalties for breaches of trust and aggravated cases. For individuals and businesses, the practical takeaway is clear: secure physical assets, protect e-signatures and digital credentials, keep records of entrusted items, and report suspected forgery quickly to authorities. If you suspect a forged document or an unauthorised electronic signature, consult a qualified lawyer to evaluate evidence and protect your rights.
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