IPC Section 468: Forgery for the Purpose of Cheating - BNS Section 336(3)
Understand the offence of forging a document or electronic record for cheating, its essential ingredients, punishment, bail classification and corresponding law under the Bharatiya Nyaya Sanhita, 2023.
1. Original law: Section 468 of the Indian Penal Code, 1860
468. Forgery for purpose of cheating
Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 468 is the historical IPC provision. For conduct on or after 1 July 2024, the corresponding provision is generally Section 336(3) of the Bharatiya Nyaya Sanhita, 2023, subject to the facts and applicable transitional law.
2. Current law: BNS Section 336(3)
Section 336(3) of the Bharatiya Nyaya Sanhita, 2023 (official text) punishes a person who commits forgery with the intention that the forged document or electronic record will be used for cheating. It provides imprisonment of either description for a term extending to seven years and liability to fine.
The provision is read with Section 335 BNS, which explains making a false document or electronic record, and Section 336(1) BNS, which defines forgery. The concept of cheating is addressed by Section 318 BNS.
3. Essential ingredients of forgery for cheating
- A false document or electronic record: the accused must have made or caused the making of a false document or electronic record in circumstances covered by the statutory definition.
- Forgery: the false record must have been made with one of the intentions specified in the definition of forgery.
- Intention to use it for cheating: the accused must have intended that the forged record be used to deceive a person for the purpose of cheating.
- Proof of involvement and intent: evidence must connect the accused to the making of the false record and establish the required state of mind.
Not every inaccurate statement in a genuine document is forgery. The court must examine whether a false document was made within the statutory meaning, as well as the intention behind it. The offence of forgery for cheating can be complete without a separate conviction for cheating; each alleged offence must be established on its own elements.
4. Punishment and bail classification
| Particular | IPC Section 468 / BNS Section 336(3) |
|---|---|
| Offence | Forgery for the purpose of cheating |
| Maximum imprisonment | Seven years, of either description |
| Fine | Also liable to fine |
| Cognizable? | Yes, under the BNSS First Schedule |
| Bailable? | No, non-bailable |
| Trial court | Magistrate of the first class |
Classification verified against the Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule (official text). Non-bailable does not mean bail can never be granted; it means bail is subject to the applicable legal standards and judicial discretion.
5. Examples of conduct that may attract the provision
- Fabricating an employment certificate to obtain money or benefits by deception.
- Creating a false electronic invoice or payment record with the intention of cheating a customer or lender.
- Forging another person's signature on a document to induce a financial transaction.
- Creating a fictitious authorization letter to obtain property or funds by deception.
These are illustrative scenarios, not automatic findings of guilt. Whether a particular case involves forgery depends on the document's authorship, authority, representation and proven intention.
6. Distinction from related forgery provisions
| Earlier IPC | Current BNS | Subject |
|---|---|---|
| Section 463 | Section 336(1) | Definition of forgery |
| Section 464 | Section 335 | Making a false document or electronic record |
| Section 465 | Section 336(2) | General punishment for forgery |
| Section 466 | Section 337 | Forgery of court records and public registers |
| Section 467 | Section 338 | Forgery of valuable securities, wills and specified documents |
| Section 468 | Section 336(3) | Forgery for cheating |
| Section 469 | Section 336(4) | Forgery to harm reputation |
| Section 470 | Section 340(1) | Forged document or electronic record |
7. Filing a complaint and preserving evidence
In a suspected forgery case, preserve the original document where possible, electronic files, emails, transaction records, communications and information about the alleged maker. A complaint should explain the document's origin, why it is believed to be forged, the intended cheating and any resulting loss. Investigation and admissibility of electronic evidence are governed by the applicable procedural and evidence laws.
8. Frequently asked questions
What is the punishment for forgery for cheating?
Under IPC Section 468 and the corresponding BNS Section 336(3), the punishment may extend to seven years of imprisonment of either description, and the offender is also liable to fine.
Is BNS Section 336(3) bailable?
No. The BNSS First Schedule classifies forgery for the purpose of cheating under BNS Section 336(3) as cognizable and non-bailable.
Is actual cheating necessary to establish forgery for cheating?
The specific offence requires proof of forgery and the intention that the forged document or electronic record be used for cheating. Whether a separate cheating offence is also made out depends on the evidence.
Does IPC Section 468 still apply?
The IPC was replaced by the BNS for new offences from 1 July 2024. Earlier conduct remains subject to applicable repeal and savings provisions.
9. Official legislation and further reading
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF
- IPC Section 463 - Forgery
- IPC Section 464 - Making a false document
- IPC Section 465 - Punishment for forgery
This article is general legal information. Application of a criminal provision depends on the date of the alleged act, evidence, applicable statutory provisions and judicial interpretation.