Laws & Regulations

In the intricate tapestry of modern society, documents form the very warp and weft of our legal, commercial, and personal interactions. From birth certificates to property deeds, academic degrees to contracts, these instruments embody trust, authenticity, and legal enforceability. Yet, this reliance creates a vulnerability – the insidious threat of document forgery, a crime that undermines the very foundation of veracity upon which our system rests. As legal practitioners, particularly those arguing before the highest court of the land, we witness firsthand the devastating consequences when the sanctity of a document is violated. This article aims to illuminate the legal landscape surrounding document forgery in India, fostering awareness and urging vigilance.What Constitutes Forgery in the Eyes of the Law (Under BNS)?The BNS provides the cornerstone definition in Section 104(1). It defines forgery as the act of making any 'false document' or 'false electronic record' or part thereof, with a specific intent. This intent (the mens rea or guilty mind) remains critical and must be one of the following: To cause damage or injury to the public or any person; or To support any claim or title; or To cause any person to part with property; or 1  To enter into any express or implied contract; or To commit fraud or that fraud may be committed. It is imperative to understand that forgery is not merely creating an untrue document; it involves the creation of a false one with dishonest or fraudulent intent.Making a 'False Document' – Section 104(2) BNS ExplainedSection 104(2) of the BNS elaborates on how a false document or electronic record is made. A person is said to make such a false instrument if they: Dishonestly or fraudulently make, sign, seal, execute, transmit, or affix any electronic signature on any document or electronic record, intending it to be believed that it was made, signed, sealed, executed, transmitted or affixed by or by the authority of someone else; OR Dishonestly or fraudulently alter a document or electronic record in any material part after it has been made, executed or affixed with an electronic signature, without lawful authority; OR Dishonestly or fraudulently cause any person to sign, seal, execute, or alter a document or electronic record, knowing that such person, by reason of unsoundness of mind, intoxication, or deception practiced upon them, does not know the contents of the document/electronic record or the nature of the alteration. Essentially, the document must "tell a lie about itself," falsely representing its origin or authenticity.The Spectrum of Forgery and its ManifestationsForgery continues to manifest in numerous ways under the new Sanhita, including: Signature Forgery: Imitating another person's signature. Document Alteration: Changing crucial details on existing documents. Counterfeiting: Creating entirely fake documents like certificates, identity cards, etc. Electronic Forgery: Creating false electronic records or manipulating digital signatures. Legal Consequences: The BNS FrameworkThe BNS treats forgery with significant gravity, prescribing punishments based on the nature of the document and the intent: Section 105 (Punishment for Forgery): Provides a general punishment of imprisonment up to three years, or a fine, or both. (Note: This term differs slightly from the previous IPC section). Section 106 (Forgery of Record of Court or Public Register, etc.): Forging such official records attracts imprisonment up to seven years, and also liability to fine. Section 107 (Forgery of Valuable Security, Will, etc.): Forging high-value documents like wills, promissory notes, etc., remains a grave offense, punishable with imprisonment for life or up to ten years, and also liability to fine. Section 108 (Forgery for Purpose of Cheating): If forgery is committed with the specific intent to cheat, the punishment is imprisonment up to seven years, and also liability to fine. Section 109 (Forgery for Purpose of Harming Reputation): Forging a document intending to harm someone's reputation carries imprisonment up to three years, and also liability to fine. Using a Forged Document: Still a Serious Offence (Section 110 BNS)Crucially, Section 110 of the BNS reiterates the offence of fraudulently or dishonestly using as genuine any document or electronic record which one knows or has reason to believe is forged. The punishment under Section 110 remains the same as if the person had actually forged the document themselves. This underscores that knowingly using a forged document is legally as culpable as creating it.Beyond Criminal PenaltiesThe repercussions of document forgery remain unchanged and extend far beyond the criminal sanctions outlined in the BNS. Victims face financial losses, reputational damage, and significant emotional distress. Forgery continues to fuel complex civil litigation and erodes public trust in essential systems. Proving forgery still requires diligent investigation and often relies on expert evidence.A Continued Call for Vigilance: Protecting Yourself and SocietyAwareness remains the first line of defense under the new legal regime. Individuals and institutions must continue to exercise caution: Scrutinize Documents: Diligently examine important documents for signs of manipulation. Verify Authenticity: Where possible, verify critical documents with the issuing authority. Secure Blank Documents: Prevent misuse by securing official stationery. Implement Internal Controls: Maintain robust procedures for document handling. Digital Diligence: Exercise caution with electronic records and digital signatures. Report Suspicion: Report suspected forgery to the police promptly. ConclusionDocument forgery, now addressed under the Bharatiya Nyaya Sanhita, 2023, remains a serious crime with far-reaching consequences, striking at the heart of trust and legality. The BNS provides a clear framework to punish offenders, but prevention is always preferable to cure. Proactive vigilance, diligent verification, and enhanced awareness are paramount for safeguarding ourselves and upholding the integrity of the documents that structure our society. Let us all remain steadfast custodians of authenticity in this new legal era.