BNS Section 335 - Making a false document.

A person is said to make a false document or false electronic record—

• (A) Who dishonestly or fraudulently—
  • (i) makes, signs, seals, or executes a document or part of a document;
  • (ii) makes or transmits any electronic record or part of any electronic record;
  • (iii) affixes any electronic signature on any electronic record;
  • (iv) makes any mark denoting the execution of a document or the authenticity of the electronic signature,
  with the intention of causing it to be believed that such document or part of a document, electronic record, or electronic signature was made, signed, sealed, executed, transmitted, or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed, or affixed.
• (B) Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed, or affixed with an electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration.
• (C) Who dishonestly or fraudulently causes any person to sign, seal, execute, or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

Illustrations:

• (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds a cipher to the 10,000, making the sum 1,00,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery.
• (b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby obtaining the purchase-money. A has committed forgery.
• (c) A picks up a cheque signed by B, payable to bearer, without any sum inserted. A fraudulently fills in the cheque with a sum of ten thousand rupees. A commits forgery.
• (d) A leaves with B, his agent, a cheque signed by A without inserting the sum payable, authorizing B to fill in a sum not exceeding ten thousand rupees. B fraudulently fills in twenty thousand rupees. B commits forgery.
• (e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as genuine and take it up on maturity. A is guilty of forgery.
• (f) Z’s will states, “I direct that all my remaining property be equally divided between A, B, and C.” A dishonestly scratches out B’s name, intending it to be believed that the whole was left to himself and C. A has committed forgery.
• (g) A endorses a Government promissory note, making it payable to Z or his order, and signs it. B dishonestly erases “Pay to Z or his order,” converting the endorsement to a blank one. B commits forgery.
• (h) A sells an estate to Z. Later, A executes another conveyance to B, dated earlier than Z’s, intending to defraud Z. A has committed forgery.
• (i) A writes down a legatee different from Z’s instructions in his will and induces Z to sign it. A has committed forgery.
• (j) A writes a letter certifying his good character, signing it in B’s name without authority, intending to obtain alms. A has committed forgery.
• (k) A writes a letter certifying his character, signing it in B’s name without authority, intending to obtain employment under Z. A has committed forgery.

Explanations:

1. A man’s signature of his own name may amount to forgery if used fraudulently.
2. The making of a false document in the name of a fictitious or deceased person intending it to be believed real may amount to forgery.
3. For the purposes of this section, “affixing electronic signature” has the meaning assigned under the Information Technology Act, 2000.

Additional Illustrations:

• A signs his name on a bill intending it to be mistaken as someone else's name. A has committed forgery.
• A uses Z’s name fraudulently on a bill, intending it to be taken as Z’s signature. A is guilty of forgery.
• A falsifies a document by antedating it, intending to deceive others into believing it was created earlier. A commits forgery.