Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court or an identity document issued by Government including voter identity card or Aadhaar Card, or a register of birth, marriage, or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation: For the purposes of this section, “register” includes any list, data or record of any entries maintained in electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).
Simplified Explanation
Section 337 of the Bharatiya Nyaya Sanhita 2023 specifically addresses the forgery of certain important documents, particularly those related to the judicial system, public registers, and documents issued by the government or public servants.
Key Provisions of Section 337:
(1) Offense of Forging Specific Documents:
- Forgery of Official Records: This section criminalizes the act of forging documents or electronic records that purport to be:
- Records or proceedings of a Court.
- Identity documents issued by the government, such as voter ID cards, Aadhaar cards, etc.
- Registers related to births, marriages, or burials, or any public register kept by a public servant in their official capacity.
- Certificates or documents purporting to be made by a public servant in an official capacity.
- Authority documents like those that grant permission to institute or defend a suit, take legal proceedings, confess judgment, or a power of attorney.
Essentially, this section targets forgeries involving documents that are crucial to legal processes, identity verification, and public records, including both physical documents and electronic records.
(2) Punishment for Forgery of These Documents:
- Anyone who forges these types of documents shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to a fine.
The punishment for this offense is severe, recognizing the significance of these documents in maintaining public trust, legal integrity, and societal order.
(3) Explanation on “Register”:
- The term “register” in this section is defined to include any list, data, or record of entries maintained in electronic form, as per the definition in Section 2(r) of the Information Technology Act, 2000.
This inclusion reflects the modern shift toward digital records and acknowledges that electronic documents and data also hold the same importance as traditional physical records in legal and public affairs.
Summary:
Section 337 of the Bharatiya Nyaya Sanhita targets forgeries of critical official documents, such as:
- Court records or proceedings.
- Identity documents (e.g., Aadhaar or voter IDs).
- Public records (e.g., birth, marriage, burial registers).
- Certificates or documents issued by public servants.
- Legal authorizations like powers of attorney or authority to sue.
The section emphasizes the severe consequences for forging such documents, with the offender facing up to seven years of imprisonment and a fine. The provision also extends to electronic forms of these records, acknowledging the significance of digital documentation in the modern legal and public framework.
