IPC Section 465: Punishment for Forgery and BNS Section 336(2)
Section 465 of the Indian Penal Code, 1860 prescribed the general punishment for forgery. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding general punishment is contained in Section 336(2).
Original text of Section 465 IPC
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.
Corresponding provision: Section 336 of BNS, 2023
Section 336(1) defines forgery by reference to making a false document or false electronic record (or part thereof) with the specified intent, including causing injury, supporting a claim or title, inducing a person to part with property or enter into a contract, or committing fraud.
Section 336(2) provides the general punishment for forgery: imprisonment of either description for up to two years, or fine, or both.
Section 335 explains when a person makes a false document or false electronic record, including false attribution of authorship or authority, dishonest or fraudulent material alteration, and procuring execution through specified incapacity or deception.
Essential ingredients of forgery
- The accused made a false document, false electronic record, or a relevant part thereof in a manner covered by the law.
- The act was accompanied by the requisite dishonest or fraudulent conduct where specified by the definition.
- The accused possessed an intention identified in the statutory definition of forgery, such as causing damage or injury, supporting a claim or title, inducing transfer of property, or committing fraud.
Merely making an inaccurate statement in a document does not necessarily establish the separate legal requirement of making a false document. The facts, authorship, authority, alteration and intention must be examined.
Punishment and related provisions
| Provision | Subject | General position |
|---|---|---|
| IPC 465 | General punishment for forgery | Up to two years, or fine, or both |
| BNS 336(2) | General punishment for forgery | Up to two years, or fine, or both |
| BNS 336(3) | Forgery intended for cheating | Up to seven years and fine |
| BNS 336(4) | Forgery intended to harm reputation | Up to three years and fine |
Special categories of forged documents, including certain public records, valuable securities and wills, may attract different provisions and penalties. The correct charge depends on the precise conduct and document.
Practical examples
- Creating a purported agreement with another person's signature without authority, to obtain money, may amount to forgery if the statutory elements are proved.
- Materially altering an executed document dishonestly or fraudulently without lawful authority may constitute making a false document.
- Fabricating an electronic record to appear as though it was issued by another person can attract the law relating to false electronic records.
Investigation, bail and trial
The classification of an alleged offence as cognizable or non-cognizable, bailable or non-bailable, and the competent trial court must be determined under the applicable procedural law and its First Schedule, taking account of any additional or special charges. The Bharatiya Nagarik Suraksha Sanhita, 2023 generally governs new criminal procedure from 1 July 2024, subject to transitional provisions.
Frequently asked questions
Is Section 465 IPC still applicable?
It remains relevant to conduct governed by the IPC before 1 July 2024, subject to the applicable savings and transition rules. New offences are generally considered under the BNS.
What is the equivalent of IPC Section 465 in BNS?
The corresponding general punishment for forgery is in Section 336(2) of the Bharatiya Nyaya Sanhita, 2023.
Is every incorrect document a forged document?
No. A prosecution must establish the statutory elements of making a false document or electronic record and the requisite intention. A mere factual error or false assertion is not automatically forgery.
Official legal references
- India Code - official central legislation database (search for the Bharatiya Nyaya Sanhita, 2023, Sections 335 and 336).
- e-Gazette of India (official Acts and commencement notifications).
- Ministry of Home Affairs (new criminal laws and implementation information).
This article is for general legal information. The applicable provision and punishment depend on the date of the alleged act and the facts of each case.