Forgery and Use of Forged Documents Under the BNS: Sections 335 to 340

The provisions

• Section 335: making a false document (formerly Section 464 IPC)
• Section 336: forgery, including forgery for the purpose of cheating (formerly Sections 463, 465 and 468)
• Section 338: forgery of a valuable security, will or authority to adopt (formerly Section 467)
• Section 340: forged document or electronic record, and using it as genuine (formerly Sections 470 and 471)

Making a false document

Forgery requires the making of a false document: broadly, a document made or altered with the intention of causing it to be believed that it was made by, or with the authority of, someone who did not make or authorise it. In Mohammed Ibrahim v. State of Bihar (2009), the Supreme Court held that a person who executes a sale deed in his own name for land he does not own has not made a false document, because he does not pretend to be someone else. Such a case may involve other offences or a civil remedy, but not forgery.

How forgery is proved

Forgery cases rest on the disputed document and its comparison with admitted writings. The prosecution usually relies on the original document, the evidence of the person whose signature is said to be forged, and the opinion of a handwriting expert. In Sheila Sebastian v. R. Jawaharaj (2018), the Supreme Court held that a person who did not make the false document cannot be convicted of forgery merely because they benefited from it.

Property disputes

Many forgery FIRs in Bihar arise from family and land disputes over a sale deed, gift deed, will or power of attorney. Where the same document is the subject of a pending title suit, the civil and criminal courts may be asked the same question. The High Court may then consider whether the criminal case discloses a forgery at all, and whether it should proceed.

Bail and remedies

Forgery for cheating under Section 336(3) and forgery of a valuable security or will under Section 338 are serious, non-bailable offences. Anticipatory bail, regular bail, discharge and quashing petitions before the Patna High Court are the usual remedies. Securing originals, certified copies from the registry and admitted signatures early is important for the defence.