Indian criminal law | IPC and BNS
IPC Section 466 and BNS Section 337: Forgery of Court Records and Public Registers
Section 466 of the Indian Penal Code, 1860 dealt with forgery of court records, public registers, official certificates and powers of attorney. For offences committed on or after 1 July 2024, the corresponding provision is Section 337 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Text of Section 466 IPC (historical provision)
Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation: For this section, a register includes any list, data or record of entries maintained electronically within the meaning of Section 2(1)(r) of the Information Technology Act, 2000.
BNS Section 337: corresponding law from 1 July 2024
Section 337 punishes forgery of a document or electronic record purporting to be a court record or proceeding, a government-issued identity document (including a voter identity card or Aadhaar card), a register of birth, marriage or burial, a register kept by a public servant, an official certificate or document, an authority for litigation or a power of attorney. The statutory explanation includes registers maintained in electronic form.
The BNS expressly mentions government identity documents. The former IPC text expressly referred to a baptism register; the BNS Section 337 wording does not separately mention baptism. Refer to the precise statutory wording for the relevant date.
Essential ingredients
- A false document or false electronic record is made, or an existing document is dishonestly or fraudulently altered, within the statutory definition.
- The act satisfies the definition of forgery under BNS Section 336(1), read with Section 335 on making a false document or electronic record.
- The forged material purports to belong to one of the categories specified in Section 337, such as court records, public registers, official certificates or powers of attorney.
- The necessary dishonest or fraudulent intention and other elements are established by evidence.
An inaccurate statement alone does not automatically amount to forgery. Whether a false document has been made and whether the required intention exists are separate questions.
Punishment and classification
| Issue | Position under BNS Section 337 |
|---|---|
| Maximum imprisonment | Seven years, of either description |
| Fine | Also liable to fine |
| Cognizability | Non-cognizable under the BNSS First Schedule |
| Bail | Non-bailable |
| Trial | Magistrate of the first class |
Non-bailable does not mean bail is prohibited; it means bail is not available as an automatic right merely by virtue of the offence classification. Other alleged offences in the same case may affect investigation and procedure.
Illustrative situations
- Fabricating a court order or changing a certified judicial record to present it as genuine.
- Creating a false birth-register entry purporting to originate from the competent public office.
- Forging an official certificate or government-issued identity document.
- Preparing a forged power of attorney purporting to have been executed by another person.
These are examples only. Criminal liability depends on proof of each legal ingredient, not merely the type of document.
Related statutory provisions
BNS Section 335: making a false document or electronic record. Section 336: forgery and its general or purpose-specific punishments. Section 338: forgery of valuable security, wills and specified documents. Section 339: possession of documents described in Sections 337 or 338 with knowledge of forgery and intent to use them as genuine. Section 340: forged documents or electronic records and using them as genuine.
Frequently asked questions
What is the BNS equivalent of IPC Section 466?
Section 337 of the Bharatiya Nyaya Sanhita, 2023.
Is forging a court record punishable with imprisonment?
Yes. Section 337 prescribes imprisonment of either description up to seven years and liability to fine.
Does the law cover electronic registers?
Yes. The explanation to Section 337 expressly includes electronically maintained entries within the statutory definition.
Does Section 466 IPC still apply?
The IPC was repealed with effect from 1 July 2024, subject to savings and the applicable law governing acts committed before commencement. A historical IPC charge is not automatically replaced by a BNS charge.
Official statutory sources
- Bharatiya Nyaya Sanhita, 2023 - India Code (official PDF)
- BNSS First Schedule - National Crime Records Bureau
- BNS provisions - NCRB
This article is a general explanation of the law. Consult the current legislation, notifications and case-specific legal advice for proceedings.