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, transmitted, 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 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 by A, without inserting the sum payable and authorizes 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.
(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 (21 of 2000).
Simplified Explanation
Section 335 of the Bharatiya Nyaya Sanhita 2023 deals with making a false document or false electronic record, commonly referred to as forgery. The section defines what constitutes the making of a false document and outlines various ways in which a document or electronic record may be forged. The section also includes detailed explanations and examples (illustrations) to help understand the nature of this crime.
Definition of Making a False Document:
A person is said to make a false document or false electronic record if they do any of the following dishonestly or fraudulently:
(A) Making a False Document:
- Making, signing, sealing, or executing a document or part of a document with the intent to deceive.
- Making or transmitting any electronic record or part of it, dishonestly or fraudulently, with the intent to make it appear as if it was created by someone else.
- Affixing any electronic signature on any electronic record dishonestly or fraudulently.
- Making any mark that would denote the execution of a document or the authenticity of an electronic signature, with the intention to deceive someone into believing it was made by a person who did not actually make it.
(B) Altering a Document or Electronic Record:
A person who without lawful authority, dishonestly or fraudulently, alters a document or electronic record (whether made by themselves or another person) after it has been executed or signed, by:
- Cancellation or other alterations of any material part of the document.
- The alteration can be in any material aspect, and this alteration must be made with fraudulent intent.
(C) Deceptive Signing or Altering:
A person who dishonestly or fraudulently causes another person to:
- Sign, seal, execute, or alter a document or electronic record.
- Affix an electronic signature on any electronic record, while knowing that the person is unable to understand the contents of the document or electronic record (due to unsoundness of mind, intoxication, or deception).
This part aims to address situations where people take advantage of others (e.g., someone who is mentally unfit or deceived) to make them sign fraudulent documents.
Illustrations (Examples of Forgery):
The section provides several examples to help clarify what constitutes making a false document:
- Manipulating a Letter of Credit: A alters a letter of credit to change the amount in order to deceive the recipient into believing the document is genuine.
- Affixing a False Seal: A affixes a false seal of Z on a document to falsely create a conveyance of property.
- Filling in a Blank Cheque: A fraudulently fills in the amount on a blank cheque with the intention to deceive the bank.
- Signing a Document Without Authority: A signs a document in B’s name without authorization, intending to deceive Z and obtain alms or employment.
- Altered Wills: A changes the contents of a will or scratches out the name of a person with the intent to benefit personally.
- Antedating a Document: A executes a document with a false date to make it appear that it was executed earlier than it actually was, to deceive others.
Explanation 1:
A person’s own signature can also constitute forgery if it is done with the intent to deceive others. For example:
- Signing your own name on a document with the intent to make it appear that someone else signed it.
Explanation 2:
Forgery can occur even if the name of a fictitious person is used, or if the name of a deceased person is used, with the intent to make the document appear as though it was created by a real or living person.
For example:
- Drawing a bill of exchange upon a fictitious person with the intent to deceive.
Explanation 3:
The term “affixing electronic signature” is explained according to the Information Technology Act, 2000. This refers to the process by which an electronic signature is applied to a document to authenticate its origin, and such actions can also be considered as part of forging a document.
Summary:
Section 335 criminalizes the act of making false documents or electronic records, as well as altering existing documents or records fraudulently. It applies to both physical documents and electronic records. The law seeks to prevent fraud by holding individuals accountable for making, altering, or signing documents with dishonest intentions. Forgery is a serious crime, and this section ensures that anyone who makes or alters documents in a way that deceives others can face severe punishment.
