IPC Section 470: Forged Document or Electronic Record - BNS Section 340
Section 470 of the Indian Penal Code, 1860 defines a forged document or electronic record. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 340(1). Learn the definition, how forgery differs from using a forged record as genuine, and the related punishments.
IPC Section 470 - Original statutory definition
A false document or electronic record made wholly or in part by forgery is designated "a forged document or electronic record".
The original page used the shorter heading "Forged document". The statutory definition covers both physical documents and electronic records.
BNS Section 340 - Current corresponding law
Section 340(1): Meaning of forged document or electronic record
BNS Section 340(1) carries forward the concept: a false document or electronic record made wholly or in part by forgery is a forged document or electronic record. The question whether a document is false must be assessed with reference to BNS Section 335 (making a false document or false electronic record) and the offence of forgery in BNS Section 336.
Section 340(2): Using a forged document as genuine
Section 340(2) addresses a separate act: fraudulently or dishonestly using as genuine a document or electronic record that the person knows or has reason to believe is forged. The punishment is the same as if that person had forged the document or electronic record. This is distinct from merely defining the forged record under Section 340(1).
IPC Section 470 and BNS Section 340 compared
| Issue | IPC | BNS (current law) |
|---|---|---|
| Definition of a forged document or electronic record | Section 470 | Section 340(1) |
| Making a false document or electronic record | Section 464 | Section 335 |
| Forgery and its punishment | Sections 463 and 465 onward | Section 336 and other specific forgery provisions |
| Using a forged document or record as genuine | Section 471 | Section 340(2) |
| Independent punishment under the definition alone | None under Section 470 | None under Section 340(1) |
How is a document treated as forged?
- A document or electronic record exists. It may be a paper instrument, electronic file or other legally relevant record.
- It is false in the statutory sense. For example, it may falsely appear to have been made, signed, executed, transmitted or authorised by another person.
- Forgery is established. The prosecution must establish the requisite elements, including the applicable dishonest or fraudulent intention under the relevant offence.
- The whole or a part may be forged. The definition does not require every part of the record to be fabricated.
A document containing inaccurate information is not automatically a forged document. Whether it constitutes forgery depends on how it was made or altered, its purported authorship or authority, and the statutory mental element.
Practical illustrations
- False signature: A person fabricates another person's signature on a document intending it to appear genuinely executed by that person.
- Altered electronic record: An unauthorised person changes a digitally stored document so that it falsely appears to have been issued or approved by its stated maker.
- Fabricated receipt: A person creates a receipt falsely showing that another person acknowledged payment.
- Use as genuine: A person knowingly submits a forged certificate as authentic. This may raise the separate offence under BNS Section 340(2).
These illustrations are explanatory; the applicable charge depends on evidence and the precise statutory requirements.
Punishment and procedure
IPC Section 470 and BNS Section 340(1) prescribe no punishment by themselves. For example, ordinary forgery under BNS Section 336(2) may attract imprisonment of either description up to two years, or fine, or both. Forgery intended for cheating under Section 336(3) may attract imprisonment up to seven years and fine. More serious forms of forgery may carry higher penalties under other provisions.
For use of a forged document as genuine under Section 340(2), punishment follows the punishment applicable to forgery of that particular document or record. Cognizability, bailability and trial forum must therefore be checked against the relevant entry in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), rather than assigned to the definition in isolation.
Electronic evidence and proof
Electronic records may be proved under the applicable provisions of the Bharatiya Sakshya Adhiniyam, 2023, including Section 63 where relevant. Investigators and litigants should preserve original files, metadata, audit trails, communication records and other material capable of showing authorship, alteration, knowledge and intention. Admissibility requirements depend on the type of evidence and how it is produced.
Frequently asked questions
What does IPC Section 470 define?
It defines a forged document or electronic record as a false document or electronic record made wholly or partly by forgery.
Which BNS provision corresponds to IPC Section 470?
Section 340(1) of the Bharatiya Nyaya Sanhita, 2023 provides the corresponding definition.
Does Section 470 IPC itself prescribe a punishment?
No. It is a definition provision. Punishment depends on the relevant forgery or use-as-genuine offence.
What is the difference between BNS Sections 340(1) and 340(2)?
Section 340(1) defines a forged document or electronic record. Section 340(2) punishes fraudulent or dishonest use of such a record as genuine when the user knows or has reason to believe it is forged.
Can an electronic record be a forged document?
Yes. The statutory definition expressly covers electronic records, subject to proof of the applicable legal elements.
Official statutory resources
- India Code - Central Acts, including the IPC, BNS, BNSS and Bharatiya Sakshya Adhiniyam
- Ministry of Home Affairs - Criminal law implementation and official notifications
- Gazette of India - Official notifications and legislation
Legal information is provided for general reference. Verify the applicable law and any amendments for the relevant date and facts.