Chapter XVII: Offences Relating to Documents and to Property Marks [Section 335-350]

1. Introduction 

Chapter XVIII of the Bharatiya Nyaya Sanhita, 2023 focuses on offences that involve  dishonest or fraudulent acts connected with documents and property marks. This includes the  creation of false documents, forgery, use of forged documents, and tampering with marks that  indicate ownership or origin of property. These offences directly affect the trust and  reliability that individuals, businesses, and institutions place in written documents and  identifiable property. Since documents such as agreements, certificates, records carry legal  importance, any attempt to forge or falsify them can lead to serious legal consequences.  Similarly, property marks are used to identify goods and their ownership, especially in trade  and commerce. Any unauthorized use or imitation of such marks can result in  misrepresentation and loss to the rightful owner or to the public. This chapter ensures that the  law protects the authenticity and integrity of both documents and property marks. The  provisions under this chapter play a vital role in preventing fraud, safeguarding rights, and  maintaining order in commercial and legal dealings. 

2. What is a Document? 

Section 2(8) of Bharatiya Nyaya Sanhita, 2023 says “document” means any matter  expressed or described upon any substance by means of letters, figures or marks, or by more  than one of those means, and includes electronic and digital record, intended to be used, or  which may be used, as evidence of that matter. 

It further explains it is immaterial by what means or upon what substance the letters, figures  or marks are formed, or whether the evidence is intended for, or may be used in a court or  not. 

3. Forgery 

3.1 Making a false document (Section 335) 

Section 335 provides conditions when making of false documents could be said to have been  made for the purpose of committing a forgery under section 336. Making a false document is  one of the crucial ingredients of forgery.  

⮚ Offence: Making a false document – 

A person engaged in any one of the acts, with fraudulent or dishonest intentions shall  be said to have committed offence of making a false document under section 335 of  BNS and hence, forgery under section 336 of BNS-

1. Firstly, when the person dishonestly or fraudulently, 

∙ Makes, signs, seals, or executes a document or part of a  

document;  

∙ Makes or transmits any electronic record or part of any  

electronic record;  

∙ Affixes any electronic signature on any electronic record; 

∙ Makes any mark denoting the execution of a document or the  authenticity of electronic signature , 

 With the purpose to make everyone believe that such documents or part of document,  electronic record or electronic signature was made, signed, sealed, executed, transmitted or  affixed by competent lawful authority where person making such false document has  knowledge that such document was not made, signed, sealed, executed or affixed by  competent authority 

1. Secondly, when person without any lawful authority, makes any 

∙ alteration 

∙ cancellation 

in any document or electronic record or in material part thereof, when  such document or an electronic record, already been executed or  affixed with electronic signature, to support its legality, authenticity,  

∙ either by himself or 

∙ by any other person (who may or may not be living at the time  of such alteration, cancellation) 

Illustration – Z’ will contains this words- “I direct that all my remaining property be equally  divided between A, B and C. A dishonestly scratches out B’s name, intending that it may be  believed that the whole was left to himself and C. A has committed forgery. 

iii. Thirdly, when a person, with fraudulent and dishonest intention causes  any person to sign, seal, execute or alter a document or an electronic record at the time, when such other person was incapable to understand  the contents of the document or electronic record or the nature of the   alteration and such incapacity arises due to, 

• ∙ Unsoundness of mind, or 
• ∙ Intoxication, or 
• ∙ Deception practiced upon him. 

Illustration – A without B’s authority writes a letter and signs it in B’s name certifying to  A’s character, intending thereby to obtain employment under Z. A has committed forgery in as much as he intending to deceive Z by the forged certificate, and thereby to induce Z to  enter into an expression or implied contract for service. 

There are also few more acts commission of which will also be considered as offence of  making a false document: 

1. Even if a person signs his own real name, it can still be considered as a  forgery, if the intent is to deceive or commit fraud.  

Example – Suppose Mr. A signs his own name on a bill of exchange, pretending to be another Mr. A (who has the same name) to withdraw  money from other person’s account. A has committed forgery. 

1. The making of a false documents in the name of 

∙ Fictitious person, intending it to be believe that the document  was made by a real person, may amount to forgery. 

∙ Deceased person, intending it to be believe that the document  was made by the person in his lifetime, may also amount to  forgery. 

⮚ Case laws: 

1. State of Uttar Pradesh v. Ranjit Singh (AIR 1999 SC 1201) 

Under Section 464, (section 335 of Sanhita) whoever dishonestly or  fraudulently makes a document or a part of a document can be said to  have made false document. A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. The   expression ‘defraud’ involves two elements, namely deceit and injury  to the person deceived. 

1. Sheila Sebastian v. R. Jawaharaj [(2018) 7 SCC 581] 

The definition of ‘false document’ is a part of the definition of  

“forgery”. Both must be read together. ‘Forgery’ and ‘Fraud’ are  essentially matters of evidence which could be proved as a fact by  direct evidence or by inferences drawn from proved facts. A charge of  forgery cannot be imposed on a person who is not the maker of the false document. Making of document is different from the causing it to  be made. 

3.2 Forgery (Section 336)

⮚ Section 336(1)- ‘Forgery’ defined: 

When a person makes any fake, false document or electronic record or part of  a document or electronic record with an intentions: 

∙ To cause damage or injury to the public or to any person, or  

∙ To support any false claim or title, or 

∙ To cause any person to wrongfully part with property, or 

∙ To enter into any express or implied contract, or 

∙ To commit fraud shall be said to have committed Forgery. 

✔ Intention is an essential element of Forgery 

The core aspect of the offence under section 336 is the intention to cause  damage or injury or fraud. It is immaterial whether such injury, damage, or  fraud is actually caused or not. 

∙ Case law: Empress v. Dhunum Kazee (9 Cal 53 B) 

Even if a man has a legal claim or title to a property, he is guilty of  forgery if he counterfeits documents in order to support it. The court  held that a ‘general intention’ to defraud without intention to causing  wrongful gain to one person or wrongful loss to another, would, if  proved, be sufficient to support a conviction. 

⮚ Section 336(2) – Punishment for Forgery: 

Any person committing forgery shall be punished with imprisonment of either  description for a term which may extend to two years, or with fine, or both. It  is a non-cognizable, bailable, non-compoundable and triable by Magistrate of  the First class. 

⮚ Section 336(3) – Forgery for purpose of cheating 

If forgery committed with the intention of cheating, it shall be punishable with  imprisonment of either description for a term which may extend to seven  years, and shall also be liable to fine. 

⮚ Section 336(4) – Forgery for purpose of harming reputation 

If the person commits forgery with intention to harm the reputation of any  party, or with knowledge that it is likely to be used for that purpose, then, he  shall be punished with imprisonment of either description for a term which  may extend to three years, and shall also liable to fine. 

3.3 Section 337 – Forgery of record of court or of public register, etc. – ⮚ Offence – A person who forges,

∙ A document, or electronic record, purporting to be a record or  

proceeding of or in a court, or  

∙ An identity document issued by Government including Voter identity  card or Aadhaar card, or  

∙ A register of birth, marriage, or burial, or 

∙ A register kept by a public servant or 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 an attorney shall be  

punished under section 337 of BNS. 

⮚ Punishment– Imprisonment of either description for a term which may extend  to seven years, and shall also be liable to fine. 

⮚ Classification of an offence– Non-cognizable, non-bailable, non –compoundable and triable by Magistrate of the First class. 

3.4 Forgery of valuable security, will, etc. (Section338) 

⮚ Offence 

1. When a person forges any document which purports to be, 

∙ A valuable security or a will, or 

∙ An authority to adopt a son, or 

2. When a person forges any document which purports to give authority to any  person  

∙ To make or transfer any valuable security, or 

∙ To receive the principal, interest, or dividends thereon, or 

∙ To receiver or deliver any money, movable property, or valuable  

security. 

3. Forges any document purporting to be  

∙ An acquaittance or receipt for the delivery of any movable property or  valuable security. 

⮚ Punishment- Any person committing such forgery shall be punished with  imprisonment for life, or with imprisonment of either description for a term which  may extend to ten years, and shall also be liable to fine. 

⮚ Classification of offence – Non-cognizable, non-bailable, non-compoundable and  triable by the Magistrate of the First class. If valuable security is a promissory note of  central government, it is cognizable offence. 

3.5 Section 339

⮚ Offence- When any person possess any document described in Section 337 and  Section 338, knowing it to be forged and intended to use it as genuine shall be  punished under section 339 of Sanhita. 

⮚ Punishment – Such person shall be punished with imprisonment of either description  for a term which may extend to seven years, and shall also be liable to fine; if  document is one of the description mentioned in section 338, shall be punished with  imprisonment for life, or with imprisonment of either description, for a term which  may extend to seven years, and shall also be liable to fine. 

3.6 Forged document or electronic record and using it as genuine (Section  340)- 

⮚ A false document or electronic record prepared by forgery, whether partly or wholly,  such document shall be considered as forged document or electronic record. 

⮚ Offence – When any person knows or has reason to believe that he is currently using  are forged document, or if any person fraudulently or dishonestly uses any forged  documents or electronic records as genuine, shall be punished in the same manner as  if he had forged such document or electronic record. 

3.7 Making or possessing counterfeit seal, etc. with intent to commit  forgery ( Section 341)- 

⮚ Sub-sections 341(1) and 341(2) deal with counterfeiting of seal with intention to  commit forgery. As per this section, when any person counterfeits any seal, plate or  other instrument to make forged documents mentioned in section 338 i.e. valuable  security, will, other important documents, etc. shall be punished with imprisonment  for life, or with imprisonment of either description for a term which may extend to  seven years, and shall also be liable to fine. 

⮚ Mere possession of any seal, plate or other instrument even after knowing that same  instrument shall be used to commit offence of forgery, shall be punished under sub clause 341(3) with imprisonment of either description for a term which may extend to  three years, and shall also be liable to fine. 

⮚ Using genuine seal, plate or other instrument for committing forgery shall also be  punished in the same manner as if offender has counterfeited such seal, plate or  instrument.

3.8 Counterfeiting device or mark used for authenticating documents  described in Section 338, or possessing counterfeit marked material  (Section 342) 

⮚ Counterfeiting any substance, or any material, or any device or mark which are  usually used by legal authorities to authenticate any documents like valuable  securities, will, etc. and with the intention to give authenticity to any forged  

document, shall be punished with imprisonment for life, or with imprisonment of  either description for a term which may extend to seven years, and shall also be liable  to fine under sub-section 342(1) 

⮚ When any person counterfeit any substance, or any material, or any mark used for  authenticating documents or electronic records other than documents described in  section 338, to fraudulently authenticate such forged documents, then such offence  shall be punished with imprisonment of either description for a term which may  extend to seven years, and shall also be liable to fine under sub-section 342(2). 

3.9 Fraudulent cancellation, destruction, etc. of will, authority to adopt, or  valuable security 

⮚ When any person with fraudulent or dishonest intention or with the intention to cause  damage or injury to the public or to any person  

∙ Cancels, or 

∙ Destroys , or  

∙ Defaces, or 

∙ Secrets, or 

∙ Attempt to cancel, destroy, deface, secret, or  

∙ Commits mischief with, 

any of the documents mentioned below, i.e.  

1. a) Any document which is or purports to be a will, or 
2. b) An authority to adopt a son, or  
3. c) Any valuable security 

shall be punished with imprisonment for life, or with imprisonment of either  description for a term which may extend to seven years, and shall also be liable to fine. 

3.10 Falsification of accounts – 

⮚ This section deals with offence of falsification of accounts committed by clerk, officer  or servant, or employed or acting in capacity of a clerk, officer or servant. 

⮚ There are two types of acts commission of any of these acts shall be considered as an  offence under this section. These acts are, 

1. When, any person, being a clerk, officer or servant, or employed or acting in  the capacity of a clerk, officer or servant, willfully, with the intention to  defraud, destroys, alters, mutilates or falsifies any book, electronic record,  paper, writing, valuable security or account which belongs to or is in  possession of his employer, or has been received by him for or on behalf of his  employer, or  
2. When any person being a clerk, officer or servant, or employed or acting in  their capacity, willfully and with intent to defraud, makes, or abets the making  of any false entry in, or omits or alters or abets the omission or alteration of  any material, particular from or in, any such book, electronic record, paper,  writing, valuable security or account. 

⮚ Punishment- Offender shall be punished with imprisonment of either description for  a term which may extend to seven years, or with fine, or with both. 

⮚ In any charge under this section, it is enough to say that there was a general intention  to cheat. It is not necessary to mention the name of the person who was meant to be  cheated, the exact amount of money involved, or the specific date when the offence  was committed.  

4. Falsification of Property Mark 

4.1 Property Mark (Section 345) 

⮚ Definition of ‘Property Mark’ – 

A mark used for denoting that movable property belongs to a particular person is  called a property mark. In simple words, a particular property mark is a symbol, word,  or sign put on an object to show whom it belongs to. 

⮚ Example of property mark 

If you write your name or initials on your notebook or put a sticker on your suitcase,  that is your property mark – it shows that the item is yours. 

⮚ Property mark and trade mark 

Case law: Sumat Prasad Jain v. Sheojanam Prasad (1972 AIR 2488) The difference between property mark and trade mark was explained by the Supreme  Court in as below:

∙ The function of a trade mark is to give an indication to the purchaser as to the  manufacturer or quality of the goods. 

∙ A property mark, as defined by Section 479 of the Penal Code [Section 345(1)  of this Sanhita) means a mark used for denoting that a movable property  belongs to a particular person. 

∙ The former denotes the manufacturer or quality of the goods to which it is  attached, and the latter denotes the ownership in them. 

⮚ Offence-Section 345 deals with falsification of property marks. If any person with the  intent to defraud, marks any movable property/ goods/ case/ package/ other receptacle (box, container, vessel, etc.) having any mark on it, in a way, to make everyone  believe that such marked property or goods, belong to a certain person , but in actual  scenario, such goods do not belong to him. Such dishonest use of property mark shall  be an offence under this section.  

⮚ Punishment- A person fraudulently using a false property mark shall be punished  with imprisonment of either description for a term which may extend to one year, or  with fine, or with both. 

4.2 Tampering with property mark with intent to cause injury (Section  346)  

⮚ When someone tamper with property mark by removing, destroying, defacing or  adding to any property, mark, with intention or with knowledge that such  tampering may cause injury to any person shall be punished with imprisonment of  either description for a term which may extend to one year, or with fine, or with  both. This offence is non-cognizable, bailable, non-compoundable and triable by  any Magistrate. 

⮚ Examples of tampering with property mark 

1. Changing a company logo on machinery to pass it off as your own. 
2. Removing a serial number from a mobile phone or laptop to hide its identity or  origin. 
3. Altering a shipping label on a package to divert it to a different address. 
4. Counterfeiting a property marks (Section 347-349) 5.1 Counterfeiting a property mark

⮚ Counterfeiting a property mark used by another person is an offence and it shall be  punished with imprisonment of either description for a term which may extend to two  years, or with fine, or with both. If such counterfeiting has done with intention to  cause damage or injury, it shall be non-cognizable, bailable , compoundable and  triable by any magistrate. 

⮚ Counterfeiting property mark or any mark used by public servant to denote that, 

∙ Any property has been manufactured by a particular person or at a particular  time or place, or 

∙ The property is of particular quality, or 

∙ Passed through a particular office, or 

∙ It is entitled to any exemption 

shall be punished with imprisonment of either description for a term which may  extend to three years, or shall also be liable to fine. It is non-cognizable, bailable,  compoundable and triable by Magistrate of the First Class. 

5.2 Making or possession of any instrument for counterfeiting a  property mark (Section 348) 

If a person makes or possess any die, plate or other instrument either with intention to  counterfeit property mark or to use false property mark, shall be punished with  imprisonment of either description for a term which may extend to three years, or  with fine, or both. This offence is non-cognizable, bailable, non-compoundable and  triable by Magistrate of the First Class. 

5.3 Selling goods marked with a counterfeit property mark (Section  349) 

⮚ This section deals with offenders who sell, or expose, or have in their  possession for sale any goods or things with a counterfeit property mark  affixed to or impressed upon the same. Such offenders shall be punished with  imprisonment of either description for a term which may extend to one year,  or with fine, or both. 

⮚ Exceptions to this offence 

1. Accused has taken all reasonable precautions against  

committing an offence the section 349, he had at the time of the  

commission of the alleged offence no reason to suspect the  

genuineness of the mark; or

2. On demand made by or on behalf of the prosecutor, he gave all  

the information in his power with respect to the persons from  

whom accused obtained such goods or things; or 

3. He had otherwise acted innocently. 

⮚ Case law- Shantilal Uttamram Mehta v. Dhanji Kanji Shah 

 (AIR 1961 Bom 203) 

The accused was in possession of biscuits for sale. The design on  

the wrappers in which the three verities of biscuits were pocketed,  

were counterfeit of the design of the “Parle Glucose” Biscuits. The  

Bombay High Court held the accused guilty for the offence under  

Section 486 (Section 349 of this Sanhita) 

6. Making a false mark upon any receptacle containing goods  (Section 350) 

⮚ This section deals with false marking on boxes, packages, or containers  that hold goods , in a way meant to mislead someone, especially a  public servant ( like customs, police, food inspectors) or any other  person (like a buyer or customer) 

⮚ According to this section, if someone makes a false mark (label, stickers, brand, etc.) on a box or container that, 

∙ Pretends the box has something it doesn’t have, or 

∙ Hides the fact that the box has something, or 

∙ Lies about the quality or type of what’s inside 

then he shall be punished with imprisonment which may extend up  to three years, or fine, or both. 

⮚ If anyone uses such false mark, even if they didn’t make it, they can  punish same way. 

⮚ But, if the person can prove they had no intention to cheat or defraud,  then they may not be punished. 

⮚ Illustrations 

1. A man hides drugs inside a box and puts a ‘Rice- 10kg’ label  on it to mislead custom officers. This is offence under section  350.

2. A seller packs low-quality spices in a bag but marks it as  

‘Premium Organic Masala’. This is deceiving the buyer about  quality. Hence, it is an offence under section 350.