(1) Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
(2) Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(3) Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(4) Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Simplified Explanation
Section 336 of the Bharatiya Nyaya Sanhita 2023 deals with the offence of forgery, including the creation of false documents or electronic records with fraudulent intent. This section outlines the various aspects of forgery, the conditions under which it is committed, and the corresponding punishments.
Key Provisions of Section 336:
(1) Definition of Forgery:
Forgery is committed when a person makes a false document or a false electronic record (or any part of it) with the intent to:
- Cause damage or injury to the public or to any person.
- Support any claim or title (e.g., creating fraudulent documents to support an unlawful claim).
- Cause someone to part with property (e.g., creating a forged contract to defraud someone).
- Enter into any express or implied contract (e.g., using forged documents to enter into contracts dishonestly).
- Commit fraud or enable fraud to be committed.
In essence, forgery is not just about creating false documents but is connected to the intent behind their creation, which is typically to deceive, defraud, or cause harm in various ways.
(2) Punishment for General Forgery:
- A person who commits forgery (i.e., creates a false document or electronic record with the intent to deceive) will face imprisonment for up to two years, or a fine, or both.
This applies to any type of forgery where the intent to cause harm or fraud is present but does not necessarily involve further harmful purposes (such as cheating or damaging reputation).
(3) Forgery Committed with Intent to Cheat:
- If the forgery is committed with the intent that the forged document or record will be used to cheat (e.g., using the forged document to deceive others into parting with money or property), the punishment increases to imprisonment for up to seven years, along with a fine.
This provision targets forgery specifically linked to fraudulent acts, particularly where the forged material is used in deceitful transactions or schemes.
(4) Forgery Committed to Harm Reputation:
- If the forgery is done with the intent to harm someone’s reputation, or if the person committing the forgery knows that the forged document will likely be used for this purpose, the punishment is imprisonment for up to three years, with the possibility of a fine.
This clause covers scenarios where forged documents are used to damage an individual’s or entity’s reputation, such as creating fake defamatory documents or spreading forged records that harm the reputation of others.
Summary:
Section 336 of the Bharatiya Nyaya Sanhita clearly defines forgery and prescribes different punishments based on the intent behind the fraudulent act:
- General forgery leads to up to two years of imprisonment or a fine.
- Forgery with intent to cheat results in up to seven years of imprisonment and a fine.
- Forgery with intent to harm reputation carries up to three years of imprisonment and a fine.
The section aims to address a range of fraudulent actions, from the creation of false documents to the misuse of such documents in fraudulent or reputationally harmful contexts. The punishments escalate depending on the severity of the intended harm.
