Definition
Making a false document or part thereof with intent to cause damage or injury.
Fraudulently making or altering a document or electronic record to cause damage, injury, or to support a fraudulent claim.
Statutory Definition
BNS 2023, Section 336 (formerly IPC Section 463).
Etymology & Origin
From Old French 'forgier' (to forge, fabricate — from Latin 'fabricare', to make, fabricate — from 'faber', a craftsman, smith). A 'forger' was originally a blacksmith — one who works metal in a forge. The meaning shifted to 'fabricator of false documents' — one who 'fabricates' or creates something false. A forged document is a 'fabricated' (artificially made) document, presented as genuine.
Full Legal Analysis
Forgery is defined in Section 336 of the BNS, 2023 (formerly Section 463 IPC): 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. The definition is broad — it covers both physical documents and electronic records.
A 'false document' (Section 335 BNS, formerly Section 464 IPC) is made in three ways: (1) by a person who dishonestly or fraudulently makes, signs, seals, or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document was made, signed, sealed, or executed by or by the authority of a person who did not make, sign, seal, or execute the document; (2) by a person who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof; or (3) by any person who dishonestly or fraudulently causes any person to sign, seal, execute, or alter a document who did not know the contents of the document or nature of the alteration.
The Supreme Court held that for the offence of forgery, the false document must be capable of causing damage or injury to the public or to any person or of supporting any claim — the intent to cause such damage is essential. The Court also clarified the overlap between forgery and cheating — where a person uses a forged document to dishonestly induce another to deliver property, they commit both forgery (making the false document) and cheating (using the false document to induce delivery). The accused can be convicted of both offences — they are separate and do not merge. The making of a false document with the required intent is forgery even if no one is actually deceived by it.
Using a forged document: Section 340 BNS (formerly Section 471 IPC) — using as genuine a document known to be forged — is a separate offence, carrying the same punishment as forgery itself. A person may not have made the forgery but using it as a genuine document is equally criminal. The prosecution must show the accused knew the document was forged and used it as genuine to gain some benefit or cause harm.
Electronic records: BNS Section 336 specifically includes 'electronic record' in the definition of document — covering electronic forgeries (fabricated emails, electronic contracts, digital signatures, electronic financial records). The Information Technology Act, 2000 also criminalises tampering with computer source documents and hacking.
For advocates, forgery cases arise in: (1) property disputes — forged title documents, sale deeds, wills; (2) commercial fraud — forged cheques, forged loan documents; (3) identity fraud — forged passports, identity documents, educational certificates; and (4) public records — forging court orders or revenue records — the most serious category.
This Term in Indian Statutes
Bharatiya Nyaya Sanhita, 2023, 2023
"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. 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."
Vimla: forgery + cheating — separate charges can coexist; intent to cause damage essential; false document three ways; using forged document (Section 340 BNS); electronic records included; aggravated forgery of court records/public registers
