Bharatiya Nyaya Sanhita, 2023

Section 336 BNS: Forgery

Section 336 of the Bharatiya Nyaya Sanhita, 2023 defines forgery and prescribes separate punishments for ordinary forgery, forgery intended for cheating, and forgery intended or likely to harm reputation.

Key point: Section 336 must be read with Section 335 BNS, which explains when a false document or false electronic record is made.

Section 336(1) - Meaning of Forgery

A person commits forgery when he makes any false document, false electronic record, or part of a document or electronic record with intent to cause damage or injury to the public or any person, support any claim or title, cause any person to part with property, cause any person to enter into an express or implied contract, or commit fraud or enable fraud to be committed.

Section 336(2) to 336(4) - Punishment

Section 336(2) - General forgery

Forgery generally is punishable with imprisonment of either description up to two years, or fine, or both.

Section 336(3) - Forgery for the purpose of cheating

If the forgery is committed with the intention that the forged document or electronic record will be used for cheating, punishment may extend to seven years and fine.

Section 336(4) - Forgery to harm reputation

If forgery is committed intending that the forged document or electronic record will harm the reputation of any party, or knowing that it is likely to be used for that purpose, punishment may extend to three years and fine.

Essential Ingredients of Forgery

  1. there must be a false document, false electronic record, or part thereof within the meaning of Section 335;
  2. the accused must have made that false document or false electronic record; and
  3. the making must be accompanied by one of the statutory intentions listed in Section 336(1), such as causing damage or injury, supporting a claim or title, inducing transfer of property or entry into a contract, or committing fraud.

For the aggravated forms under Section 336(3) and 336(4), the additional purpose relating to cheating or harm to reputation must also be established.

Punishment, Cognizability, Bail and Trial Court

Provision Offence Punishment Cognizable Bailable Trial court
336(2) Forgery Up to 2 years, or fine, or both No Yes Magistrate of the first class
336(3) Forgery for cheating Up to 7 years and fine Yes No Magistrate of the first class
336(4) Forgery to harm reputation Up to 3 years and fine Yes Yes Magistrate of the first class

Official Legal Sources

For authoritative statutory wording and procedural classification, consult India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.

Frequently Asked Questions

What is forgery under Section 336 BNS?

Forgery is the making of a false document or false electronic record with one of the statutory intentions listed in Section 336(1).

What is the punishment for ordinary forgery?

Up to two years, or fine, or both, under Section 336(2).

What is the punishment for forgery intended for cheating?

Up to seven years and fine under Section 336(3).

Is Section 336 bailable?

Section 336(2) and 336(4) are bailable. Section 336(3), forgery for the purpose of cheating, is non-bailable.

This page provides general legal information. The applicable sub-section depends on the nature of the false document or electronic record, the intention alleged, and the evidence in the individual case.