When Truth is Altered
The Bharatiya Nyaya Sanhita, 2023 (BNS) brings together many provisions about crimes involving documents and property marks. These provisions focus on preventing dishonest acts like forging documents, using false signatures or seals, tampering with official records and misusing property marks to cheat or harm others. With new technology and digital records, the law also covers electronic documents and digital signatures. Understanding these offences helps people know what is illegal and how to protect themselves and others from fraud and misuse.
What does it mean to make a false document or electronic record?
A person makes a false document or false electronic record when: -
(a)
He dishonestly or fraudulently makes, signs, seals, or executes a document or part of it, or creates or transmits any electronic record or part of it; or
(b)
Affixes an electronic signature, or makes a mark showing authenticity, with the intention of making others believe that it was done by someone who did not actually do it or authorise it.
(c)
It also includes dishonestly altering a document or electronic record after it has been made or causing someone to sign or alter a document when that person cannot understand it due to unsoundness of mind, intoxication, or deception.
What are the examples of making a false document?
(a)
If A changes a figure in a letter of credit from 10,000 to 1,00,000 to cheat B, that is forgery.
(b)
If A uses Z’s seal without permission on a land document, that is forgery.
(c)
If A fills in an amount on B’s signed cheque without authority, it is forgery.
(d)
If B, authorised to fill in 10,000 on a cheque, instead fills in 20,000, that is forgery.
(e)
If A makes a bill in B’s name without authority to cheat a banker, it is forgery.
(f)
If A scratches out a name in a will to benefit himself, it is forgery.
(g)
If someone changes endorsements or alters conveyance deeds to cheat, or writes a will differently from what was dictated, or writes a letter in another’s name to get money or employment, all these acts amount to forgery.
What is forgery in general?
Forgery is making a false document or electronic record with intent to cause damage, support a false claim, cheat someone into parting with property or entering into a contract, or to commit fraud.
What is the punishment for forgery?
Forgery can be punished with imprisonment up to two years, or fine, or both. If the forgery is done to cheat, the punishment may extend to seven years and fine. If it is done to harm someone’s reputation, the punishment may extend to three years and fine.
What is forgery of court records or public registers?
If a person forges any court record, government identity document like Voter ID or Aadhaar, registers of birth, marriage or death, or documents made by public servants, it is forgery. The punishment is up to seven years and fine. Registers also include electronic records as defined in the IT Act.
What is forgery of valuable securities and wills?
Forging documents like valuable securities, wills, adoption authorities, receipts for money or property, or documents giving authority over money or property is a serious offence. The punishment is life imprisonment or imprisonment up to ten years and fine.
What if someone keeps forged documents to use as genuine?
If someone knowingly possesses forged documents and intends to use them as genuine, he can be punished. If the forged document is like those in public registers, punishment may extend to seven years and fine. If it is like a forged will or valuable security, punishment can be life imprisonment or up to seven years and fine.
What is a forged document or record?
A false document or electronic record made by forgery is called a forged document or record. Anyone who knowingly uses a forged document as genuine is punished the same way as if they forged it.
What about counterfeit seals or instruments used for forgery?
Making or possessing counterfeit seals, plates or instruments to commit forgery of valuable securities or wills can be punished with life imprisonment or up to seven years and fine. For other kinds of forgery, punishment can be up to seven years. Possessing counterfeit instruments knowingly may lead to imprisonment up to three years. Using such instruments as genuine is punished the same as making them.
What is counterfeiting marks used for authenticating documents?
If someone counterfeits any device or mark used to authenticate important documents like wills or securities, or possesses such material, punishment may be life imprisonment or up to seven years and fine. If it relates to other documents, punishment may extend to seven years and fine.
What is fraudulent destruction or cancellation of wills or securities?
If anyone fraudulently cancels, destroys, hides, or damages a will, adoption authority, or valuable security to cause harm, he can be punished with life imprisonment or up to seven years and fine.
What is falsification of accounts?
A clerk, officer or servant who, with intent to defraud, alters, destroys, or makes false entries in account books, papers, securities, or electronic records belonging to his employer, commits an offence. The punishment is up to seven years, or fine, or both. It is enough to prove a general intent to defraud without naming a specific victim.
What is a property mark?
A property mark is a mark used to show that movable property belongs to a particular person. Using a false property mark means marking goods or containers in a way that makes others believe they belong to someone else. Using a false property mark can lead to imprisonment up to one year or fine or both, unless the person proves there was no intent to defraud.
What if someone tampers with a property mark?
If a person removes, destroys, changes or adds to any property mark to cause harm, he can be punished with imprisonment up to one year or fine or both.
What is counterfeiting a property mark?
If someone counterfeits another person’s property mark, the punishment is imprisonment up to two years or fine or both. If the property mark is that of a public servant, the punishment may extend to three years and fine.
What if someone makes or keeps instruments for counterfeiting property marks?
If a person makes or possesses dies, plates or instruments to counterfeit property marks, or has such marks to falsely show ownership of goods, he may be punished with imprisonment up to three years or fine or both.
What about selling goods with counterfeit property marks?
Selling or possessing for sale goods with counterfeit property marks can be punished with imprisonment up to one year or fine or both, unless the seller proves he took reasonable precautions, had no reason to suspect, gave full information about the source, or acted innocently.
What if someone makes false marks on packages or containers?
If a person makes a false mark on any package or container of goods to make others believe the contents are different from what they actually are, he can be punished with imprisonment up to three years or fine or both, unless he proves he acted without intent to defraud. Using such false marks is punished the same way.
Therefore, the provisions under the BNS about offences relating to documents and property marks are important for maintaining trust, fairness and justice. They protect property rights, identity and public records from dishonest people. Awareness and careful behaviour especially when signing, accepting, or relying on documents or property marks will go a long way towards keeping everyone safe and respected under the law of the land.
Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.
