335 BNS

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Introduction of 335 BNS

BNS Section 335 deals with the creation, alteration, or transmission of false documents or electronic records with dishonest or fraudulent intent. It aims to penalize forgery, including unauthorized use of electronic signatures and exploitation of vulnerable individuals. This provision ensures trust and authenticity in both physical and digital documents.

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The Bharatiya Nyaya Sanhita (BNS) Section 335 replaces the old Indian Penal Code (IPC) Section 464.

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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.

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BNS 335 in Simple Points

1. Dishonest or Fraudulent Creation of Documents

A person commits an offense when they make, sign, or seal a document or part of it dishonestly or fraudulently. This also applies to creating false electronic records or transmitting such records without authority. The primary intent is to mislead or deceive others into believing the authenticity of the document. For example, signing someone else’s name on a contract without their consent constitutes forgery. This point ensures the authenticity of documents and protects individuals from being misled by fraudulent paperwork.

2. Unauthorized Use of Electronic Signatures

Forgery under BNS Section 335 includes digital forgery, such as affixing unauthorized electronic signatures on electronic records. The law defines “affixing electronic signature” based on the Information Technology Act, 2000. Fraudulent use of digital identities, such as signing an email or document electronically without the owner’s consent, falls under this category. This provision ensures that digital transactions, contracts, and communications are as secure as physical documents.

3. Fraudulent Alteration of Documents

The section penalizes unauthorized alterations of existing documents or electronic records. Even if the document was initially genuine, any fraudulent modification of its content, such as changing amounts in a cheque or altering terms in a legal agreement, constitutes forgery. Such alterations compromise trust and can cause financial or reputational harm to others. This ensures that original documents retain their integrity and are not manipulated dishonestly.

4. Exploitation of Vulnerable Individuals

The section also covers cases where a person dishonestly induces someone incapable of understanding the document’s nature to create or alter it. For instance, if a person causes someone intoxicated or mentally incapacitated to sign a property deed without understanding its implications, it is considered forgery. This provision protects vulnerable individuals from being exploited or deceived by malicious parties.

5. Forgery with Fictitious or Deceased Identities

Making documents in the name of fictitious persons or deceased individuals, intending others to believe they are genuine, is a form of forgery under this section. For example, creating a will in the name of a deceased person or forging a loan agreement under a false identity is punishable. This ensures that the identities of both living and deceased individuals are protected from misuse and fraud.

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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.

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Bharatiya Nyaya Sanhita Section 335

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
335	Making a false document or record

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BNS Section 335 FAQs

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