BNS - Bharatiya Nyaya Sanhita, 2023

Section 335 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

Making a false document.

  1. A person is said to make a false document or false electronic record—
    (A) Who dishonestly or fraudulently—
    (i) makes, signs, seals or executes a document or part of a document;
    (ii) makes or transmits any electronic record or part of any electronic
    record;
    (iii) affixes any electronic signature on any electronic record;
    (iv) makes any mark denoting the execution of a document or the
    authenticity of the electronic signature,
    with the intention of causing it to be believed that such document or part of
    document, electronic record or electronic signature was made, signed, sealed,
    executed, transmitted or affixed by or by the authority of a person by whom or
    by whose authority he knows that it was not made, signed, sealed, executed or
    affixed; or
    (B) Who without lawful authority, dishonestly or fraudulently, by cancellation
    or otherwise, alters a document or an electronic record in any material part thereof,
    after it has been made, executed or affixed with electronic signature either by himself or
    by any other person, whether such person be living or dead at the time of such
    alteration; or
    (C) Who dishonestly or fraudulently causes any person to sign, seal, execute or
    alter a document or an electronic record or to affix his electronic signature on any
    electronic record knowing that such person by reason of unsoundness of mind or
    intoxication cannot, or that by reason of deception practised upon him, he does not
    know the contents of the document or electronic record or the nature of the alteration.
    Illustrations.
    (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud
    B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by
    B that Z so wrote the letter. A has committed forgery.
    (b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance
    of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining
    from B the purchase-money. A has committed forgery.
    (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any
    sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the
    sum of ten thousand rupees. A commits forgery.
    (d)A leaves with B, his agent, a cheque on a banker, signed byA, without inserting the
    sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten
    thousand rupees for the purpose of making certain payments. B fraudulently fills up the
    cheque by inserting the sum of twenty thousand rupees. B commits forgery.
    (e) A draws a bill of exchange on himself in the name of B without B’s authority,
    intending to discount it as a genuine bill with a banker and intending to take up the bill on its
    maturity. Here, as A draws the bill with intent to deceive the banker by leading him to
    suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.
    (f) Z’s will contains these words—“I direct that all my remaining property be equally
    divided between A, B and C”.A dishonestly scratches out B’s name, intending that it may be
    believed that the whole was left to himself and C.A has committed forgery.
    (g) A endorses a Government promissory note and makes it payable to Z or his order
    by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B
    dishonestly erases the words “Pay to Z or his order”, and thereby converts the special
    endorsement into a blank endorsement. B commits forgery.
    (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate,
    executes a conveyance of the same estate to B, dated six months earlier than the date of the
    conveyance to Z, intending it to be believed that he had conveyed the estate to B before he
    conveyed it to Z. A has committed forgery.
    (i) Z dictates his will to A. A intentionally writes down a different legatee from the
    legatee named by Z, and by representing to Z that he has prepared the will according to his
    instructions, induces Z to sign the will. A has committed forgery.
    (j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is
    a man of good character and in distressed circumstances from unforeseen misfortune,
    intending by means of such letter to obtain alms from Z and other persons. Here, as A made
    a false document in order to induce Z to part with property, A has committed forgery.
    Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 93 ________________________________________________ _______________________________________________ _________________________________________________ ____________________________________________ _________________________________________________ ________________________________________________
    94
    (k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s
    character, intending thereby to obtain employment under Z. A has committed forgery in as
    much as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter
    into an express or implied contract for service.
    Explanation 1.—A man’s signature of his own name may amount to forgery.
    Illustrations.
    (a) A signs his own name to a bill of exchange, intending that it may be believed that
    the bill was drawn by another person of the same name. A has committed forgery.
    (b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in
    order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and
    negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,
    knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of
    forgery.
    (c) A picks up a bill of exchange payable to the order of a different person of the same
    name. A endorses the bill in his own name, intending to cause it to be believed that it was
    endorsed by the person to whose order it was payable; here A has committed forgery.
    (d) A purchases an estate sold under execution of a decree against B. B, after the
    seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent
    and for a long period and dates the lease six months prior to the seizure, with intent to
    defraud A, and to cause it to be believed that the lease was granted before the seizure. B,
    though he executes the lease in his own name, commits forgery by antedating it.
    (e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and
    with intent to defraud his creditors; and in order to give a colour to the transaction, writes a
    promissory note binding himself to pay to B a sum for value received, and antedates the
    note, intending that it may be believed to have been made before A was on the point of
    insolvency. A has committed forgery under the first head of the definition.
    Explanation 2.—The making of a false document in the name of a fictitious person,
    intending it to be believed that the document was made by a real person, or in the name of a
    deceased person, intending it to be believed that the document was made by the person in
    his lifetime, may amount to forgery.
    Illustration.
    A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in
    the name of such fictitious person with intent to negotiate it. A commits forgery.
    Explanation 3.—For the purposes of this section, the expression “affixing electronic
    signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2
    of the Information Technology Act, 2000.

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