IPC Section 463: Forgery - Definition, Essential Ingredients and BNS Section 336
Section 463 of the Indian Penal Code, 1860 defined forgery involving false documents and electronic records. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding definition appears in Section 336(1).
Text of Section 463 IPC - Forgery
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.
Equivalent provision under the Bharatiya Nyaya Sanhita
Section 336(1) BNS defines forgery in substantially the same terms as IPC Section 463. It covers the making of a false document or electronic record, or part thereof, with one or more of the specified wrongful intentions.
Section 335 BNS, corresponding to IPC Section 464, explains when a person makes a false document or electronic record. It covers, among other situations, dishonest or fraudulent creation or execution falsely attributed to another person, material alteration without lawful authority, and causing execution through deception or exploitation of incapacity.
Essential ingredients of forgery
- Making a false document or false electronic record, wholly or in part, within the meaning of the applicable statutory definition.
- The required intention to cause injury, support a claim or title, induce transfer of property or entry into a contract, or commit or facilitate fraud.
- A connection between the allegedly false creation or alteration and the legally specified fraudulent or dishonest purpose.
Merely making an inaccurate statement in a document does not automatically establish forgery. The manner in which the document was made and the statutory mental element must be examined.
Punishment for forgery under BNS Section 336
| Provision | Nature of offence | Maximum punishment |
|---|---|---|
| Section 336(2) | Ordinary forgery | Imprisonment of either description up to 2 years, or fine, or both |
| Section 336(3) | Forgery intended for cheating | Imprisonment of either description up to 7 years and fine |
| Section 336(4) | Forgery intended or likely to harm reputation | Imprisonment of either description up to 3 years and fine |
Under the former IPC, Section 463 defined forgery; Section 465 prescribed punishment for ordinary forgery, while Sections 468 and 469 dealt with forgery for cheating and harming reputation respectively. Other aggravated forms of forgery may attract separate BNS provisions.
Examples of conduct that may constitute forgery
False signature: A person dishonestly signs another person's name on a property transfer document without authority, intending to induce a buyer to part with money.
Altered electronic record: A person fraudulently changes an electronic financial record to create a false entitlement to payment.
False authority: A person creates a document purporting to be executed by someone else, intending to support a claim to property.
These are explanatory examples. Liability depends on proof of all required elements and the circumstances of each case.
Difference between forgery and making a false document
Section 335 BNS identifies conduct that amounts to making a false document or electronic record. Section 336(1) additionally specifies the purposes or intentions that make such conduct forgery. The provisions should be read together.
Frequently asked questions
Which BNS section replaces IPC Section 463?
Section 336(1) BNS corresponds to the definition of forgery under IPC Section 463.
Is forgery of an electronic record covered?
Yes. Both the former IPC definition and Section 336(1) BNS expressly cover false electronic records or parts of electronic records.
Does IPC Section 463 itself prescribe punishment?
No. It defined the offence. Ordinary forgery was punishable under IPC Section 465; under the BNS, punishment for ordinary forgery is provided in Section 336(2).
Official legal sources
Read the Bharatiya Nyaya Sanhita, 2023 (official India Code PDF) and the NCRB IPC-to-BNS section correspondence table. Consult the statutory text, relevant notifications and binding judgments when applying these provisions.
This article provides general legal information and does not replace advice based on the facts of an individual case.