Section 336 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive breakdown of Section 336 of the Bharatiya Nyaya Sanhita (BNS), 2023:
📜 Section 336 – Forgery (Chapter XVIII: Offences Relating to Documents & Property Marks)
🔎 What Constitutes Forgery
A person is guilty of forgery when they make or alter any document or electronic record, or part thereof, dishonestly or fraudulently, with intent to:
Cause damage or injury to the public or any individual,
Support a false claim or title,
Induce someone to part with property or enter a contract,
Commit or facilitate fraud (devgan.in, myjudix.com).
⚖️ Punishment – Tiered By Intent
General Forgery
Up to 2 years imprisonment (simple or rigorous) and/or fine (devgan.in).
Forgery for Cheating
If the forged document is intended for use in cheating, up to 7 years imprisonment and fine (devgan.in).
Forging to Harm Reputation
If intended to damage someone’s reputation, up to 3 years imprisonment and fine (devgan.in).
🧾 Key Elements to Prove
| Requirement | Explanation |
|---|---|
| False Document | Includes paper or electronic formats |
| Dishonest/Fraudulent Intent | Purpose to deceive |
| Specific Intent | Damage, fraud, cheating, or harm to reputation |
🛡️ Legal Classification
Cognizable: ✅ Yes (police may arrest without warrant)
Bailable: Typically bailable for lesser offences; serious variants may be non-bailable
Triable by: First-Class Magistrate, though higher courts may handle severe cases
⚖️ Contextual Significance
Consolidates IPC’s older forgery provisions (Sections 463–471), modernizing them for digital records (prsindia.org, devgan.in).
Explicitly integrates electronic records, recognizing the digital age.
Differentiates based on purpose—whether for fraud, cheating, or defamation.
✅ Summary Table
| Offence Variant | Imprisonment | Fine |
|---|---|---|
| General forgery | ≤ 2 years | ✅ Optional |
| Forgery for cheating | ≤ 7 years | ✅ Yes |
| Forgery to harm reputation | ≤ 3 years | ✅ Yes |
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