Introduction of 336 BNS
336 BNS deals with the offence of forgery, which includes making or altering documents or electronic records with dishonest intent. This provision consolidates and modernizes old IPC Sections 463, 465, 468, and 469, covering general forgery, forgery for cheating, and forgery to harm reputation. Unlike the IPC, the BNS explicitly includes digital forgery, ensuring legal protection in both physical and electronic contexts. To understand the changes clearly, let’s compare BNS Section 336 vs IPC provisions in a structured table.
The Bharatiya Nyaya Sanhita (BNS) Section 336 replaces the old Indian Penal Code (IPC) Section 463,465,468,469.
- Introduction of 336 BNS
- What is BNS Section 336 ?
- BNS 336 in Simple Points
- Section 336 BNS Overview
- BNS 336 Punishment
- BNS 336 bailable or not ?
- Bharatiya Nyaya Sanhita Section 336
- BNS Section 336 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 336 ?
BNS Section 336 deals with forgery, which refers to creating or altering documents or electronic records with the intent to deceive, harm, or commit fraud. It outlines punishments based on the intent and nature of forgery, such as cheating, causing reputational damage, or financial harm. This section applies to both traditional and digital forgeries, ensuring protection against fraud in personal, financial, and professional contexts.
Under Section 336 of the bns act 2023
“Whoever creates, alters, or uses a false document or electronic record with fraudulent or dishonest intent, to cause injury, support a false claim, cheat, or harm the reputation of another person, commits the offense of forgery. Punishments vary depending on whether the forgery is general, intended for cheating, or aimed at damaging reputation.”
1. Meaning of Forgery
Forgery under BNS Section 336 means making, altering, or using a document or electronic record to mislead others.
- It is not just creating a false record, but doing so with dishonest or fraudulent intent.
- The purpose may be to cheat, defraud, cause financial loss, or harm reputation.
- Example → Signing another person’s name on a contract without consent, or altering figures on a cheque.
2. Types of Forgery under BNS 336
a) General Forgery
- When a false document or record is created for dishonest purposes, but not specifically to cheat or harm reputation.
- Punishment: Imprisonment up to 2 years, or fine, or both.
b) Forgery for Cheating
- When the forged document is used to deceive someone into parting with property, money, or legal rights.
- Punishment: Imprisonment up to 7 years and fine.
- Example → Creating a fake property deed to sell land that doesn’t belong to you.
c) Forgery to Harm Reputation
- When a forged document is made to damage someone’s dignity, respect, or social standing.
- Punishment: Imprisonment up to 3 years and fine.
- Example → Publishing a fake letter showing someone’s involvement in illegal activity.
3. Who is Covered?
This section applies to:
- Individuals forging documents for personal gain.
- Business fraudsters altering contracts, bills, or invoices.
- Digital offenders tampering with electronic records, e-signatures, or emails.
- Persons intending to defame others through fake letters, reports, or online posts.
4. Digital Forgery under BNS 336
- Includes tampering with emails, PDFs, digital contracts, and electronic signatures.
- Covers online scams like fake IDs, false e-documents, and manipulated digital agreements.
- Ensures laws remain relevant in today’s digital age.
5. Nature of the Offense
- General forgery → Bailable, Non-cognizable, triable by Magistrate of 1st Class.
- Forgery for cheating → Non-bailable, Cognizable, triable by Magistrate of 1st Class.
- Forgery to harm reputation → Bailable, Cognizable, triable by Magistrate of 1st Class.
6. Punishment under BNS 336
- General forgery → Up to 2 years imprisonment, or fine, or both.
- Forgery for cheating → Up to 7 years imprisonment and fine.
- Forgery to harm reputation → Up to 3 years imprisonment and fine.
7. Examples of BNS Section 336
Example 1 – Forgery for Cheating
Ravi creates a fake loan agreement to obtain money from a bank. His act falls under “forgery for cheating” and may lead to imprisonment up to 7 years.
Example 2 – Forgery to Harm Reputation
Meena fabricates an email that falsely accuses her colleague of corruption and forwards it to management. This act harms reputation and is punishable under BNS 336.
Example 3 – General Forgery
A student forges a signature on a school certificate for admission purposes. Even though no financial harm occurs, it is punishable as general forgery.
8. Importance of BNS Section 336
- Protects individuals and institutions from fraud.
- Ensures documents and digital records remain authentic.
- Covers both traditional paper-based forgery and modern electronic fraud.
- Safeguards financial, professional, and personal trust in society.
Section 336 BNS Overview
Forgery under BNS Section 336 is defined as making a false document or electronic record with the intent to:
- Cause damage or injury to the public or any individual.
- Support a false claim or title.
- Defraud someone into parting with property or entering into a contract.
It also includes creating such records to harm reputations or commit cheating.
BNS Section 336: Forgery – Key Points
1. Definition of Forgery
Forgery refers to the act of creating a false document or electronic record with the intent to deceive, harm, or defraud. This includes making a document appear authentic to support false claims, damage someone’s reputation, or cause financial loss. The intent behind creating such a record is central to proving forgery under the law.
2. Forgery for General Purpose
When someone makes a false document or record with intent to cause damage or support a false claim, it is considered general forgery.
- Punishment: Imprisonment up to 2 years, a fine, or both.
- Non-cognizable: Police cannot arrest without a magistrate’s approval.
- Bailable: Accused has a right to bail.
- Trial by: Magistrate of the first class.
3. Forgery for Cheating
If a forged document is used to cheat someone, it is a severe offense under this section.
- Punishment: Imprisonment up to 7 years and a fine.
- Cognizable: Police can arrest without prior approval.
- Non-bailable: Bail is not guaranteed and depends on court discretion.
- Trial by: Magistrate of the first class.
4. Forgery to Harm Reputation
When forgery is done to harm someone’s reputation, or the person knows it might harm, it is treated seriously.
- Punishment: Imprisonment up to 3 years and a fine.
- Cognizable: Police can take direct action.
- Bailable: Accused can seek bail.
- Trial by: Magistrate of the first class.
5. Importance of Intention
The intent to deceive, harm, or commit fraud is critical in proving forgery.
- If the false document is created without malicious intent, it may not qualify as forgery under BNS 336.
- This ensures that individuals are only punished for deliberate acts of forgery.
6. Inclusion of Digital Forgery
BNS 336 includes false electronic records, such as tampered emails, fake digital signatures, or altered PDFs.
- This ensures that digital crimes are treated on par with traditional forgery.
- The section addresses modern challenges in the age of technology.
7. Protection Against Fraud
Forgery laws protect individuals and businesses from fraud by penalizing those who create false documents to induce others to part with property or enter into contracts.
- Examples include forged sale deeds or fake loan agreements.
- The law ensures fair dealings in personal and financial matters.
8. Varying Levels of Punishment
The section provides different punishments based on the severity of the offense:
- Up to 2 years for general forgery.
- Up to 7 years for forgery to cheat.
- Up to 3 years for forgery to harm reputation.
This ensures that penalties are proportional to the harm caused.
9. Dual Application
Forgery under BNS 336 can be used for both criminal and civil cases.
- Criminal: The offender faces imprisonment or fines.
- Civil: The victim can seek compensation for damages caused by the forgery.
10. Classification of Offenses
BNS 336 classifies forgery offenses based on their severity and intent:
- General forgery: Non-cognizable and bailable.
- Forgery for cheating: Cognizable and non-bailable.
- Forgery to harm reputation: Cognizable and bailable.
These classifications help law enforcement and courts address forgery appropriately.
Examples of BNS Section 336
Example 1: Forgery for Financial Gain
Ramesh created a fake property deed and used it to sell land that did not belong to him to Suresh. By doing so, Ramesh defrauded Suresh of ₹10 lakhs. This act falls under forgery for cheating and is punishable with imprisonment up to 7 years and a fine.
Example 2: Forgery to Harm Reputation
Priya forged a letter claiming that her colleague, Meera, was involved in unethical activities. She shared the letter with their employer to tarnish Meera’s reputation. This act of forgery with intent to harm reputation can lead to imprisonment up to 3 years and a fine.
BNS 336 Punishment
- Punishment:
- General forgery: Imprisonment of up to 2 years, or a fine, or both.
- Forgery for cheating: Imprisonment up to 7 years and a fine.
- Forgery to harm reputation: Imprisonment up to 3 years and a fine.
- Fine:
- The fine amount is determined by the court based on the severity of the crime and the harm caused.
BNS 336 bailable or not ?
- General forgery: Bailable offense. The accused can seek bail as a right.
- Forgery for cheating: Non-bailable offense. Bail is granted at the court’s discretion.
- Forgery to harm reputation: Bailable offense. The accused may secure bail.
Bharatiya Nyaya Sanhita Section 336
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 336 | Forgery — making, altering, or using false documents or electronic records with dishonest or fraudulent intent. Includes forgery for cheating and forgery to harm reputation. | General forgery: up to 2 years; Forgery to harm reputation: up to 3 years; Forgery for cheating: up to 7 years + fine. | Bailable for general/reputation cases; Non-bailable for cheating-related forgery. | Cognizable for cheating/reputation cases; Non-cognizable for general forgery. | Magistrate of the First Class |
| IPC Section 463 (Old) | Definition of forgery — making a false document with intent to cause damage, support false claims, or commit fraud. | No direct punishment (only defines the offence). | — | — | — |
| IPC Section 465 (Old) | General forgery — creating or using false documents without aggravating intent. | Imprisonment up to 2 years, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 468 (Old) | Forgery for the purpose of cheating — using false documents to deceive and defraud others. | Imprisonment up to 7 years, and fine. | Non-Bailable | Cognizable | Magistrate of the First Class |
| IPC Section 469 (Old) | Forgery intended to harm reputation — making or using false documents to defame someone. | Imprisonment up to 3 years, and fine. | Bailable | Cognizable | Magistrate of the First Class |
BNS Section 336 FAQs
1. What is BNS Section 336 about?
BNS Section 336 focuses on the offense of forgery, which involves creating or altering a document or electronic record with fraudulent intent. It includes acts aimed at causing damage, supporting false claims, cheating, or harming someone’s reputation. This section provides clear definitions and punishments for such fraudulent actions.
2. What are the punishments under BNS Section 336?
The punishments under BNS Section 336 vary based on the intent of forgery:
For forgery aimed at harming someone’s reputation, the punishment is imprisonment up to 3 years and a fine.
For general forgery, the punishment is imprisonment up to 2 years, or a fine, or both.
For forgery intended for cheating, the punishment is imprisonment up to 7 years and a fine.
3. Is forgery under BNS Section 336 bailable or not?
The bailability depends on the type of forgery:
Forgery to harm someone’s reputation is a bailable offense.
General forgery is a bailable offense, meaning the accused can secure bail as a right.
Forgery for cheating is a non-bailable offense, and bail is granted at the court’s discretion.
4. What is the classification of offenses under BNS Section 336?
General forgery: Non-cognizable, bailable, and triable by a Magistrate of the first class.
Forgery for cheating: Cognizable, non-bailable, and triable by a Magistrate of the first class.
Forgery to harm reputation: Cognizable, bailable, and triable by a Magistrate of the first class.
5. Can forgery include electronic records under BNS Section 336?
Yes, BNS Section 336 explicitly includes false electronic records within the definition of forgery. This ensures that tampering with digital data, emails, or other electronic documents with fraudulent intent is punishable under the law, keeping up with modern technology-related crimes.
6. What is the purpose of BNS Section 336?
The purpose of BNS Section 336 is to deter individuals from committing forgery by imposing strict punishments. It aims to protect the public and individuals from financial, reputational, and personal harm caused by fraudulent documents or electronic records. The section addresses various intents behind forgery, ensuring comprehensive legal action against such offenses.
Conclusion
BNS Section 336 has expanded the scope of forgery laws to include both traditional documents and electronic records, ensuring stronger safeguards in the digital age. While IPC sections separately defined and punished different forms of forgery, the BNS integrates them into a single, comprehensive provision. The punishments are proportionate—2 years for general forgery, 3 years for harming reputation, and up to 7 years for cheating. This modernized law provides clarity, efficiency, and stricter protection against fraud, financial crimes, and reputational harm.
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