BNS Section 335 — Making a false document

Summary

A person is said to make a false document or false electronic record under clause (A) if they dishonestly or fraudulently do any of the following: (i) make, sign, seal or execute a document or part of a document; (ii) make or transmit any electronic record or part of any electronic record; (iii) affix any electronic signature on any electronic record; or (iv) make 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, 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 the maker knows it was not made, signed, sealed, executed, transmitted or affixed.

Under clause (B), a person is said to make a false document or false electronic record if, without lawful authority, and dishonestly or fraudulently, they alter a document or an electronic record in any material part of it, by cancellation or otherwise, after it has been made, executed or affixed with an electronic signature, whether by themselves or by any other person, and whether that other person is living or dead at the time of the alteration.

Under clause (C), a person is said to make a false document or false electronic record if they dishonestly or fraudulently cause any person to sign, seal, execute or alter a document or an electronic record, or to affix their electronic signature on any electronic record, knowing that such person, by reason of unsoundness of mind or intoxication, cannot know the contents of the document or electronic record or the nature of the alteration, or that by reason of deception practised upon them, they do not know those contents or the nature of the alteration.

The illustrations to this section give examples of what counts as making a false document. (a) A adds a cipher to a letter of credit written by Z, changing the sum from 10,000 rupees to 1,00,000 rupees, intending that B believe Z wrote it that way — this is forgery. (b) A affixes Z's seal to a conveyance of an estate from Z to A without Z's authority, intending to sell the estate to B — this is forgery. (c) A picks up a cheque signed by B payable to bearer with no sum inserted, and fraudulently fills in ten thousand rupees — this is forgery. (d) A leaves a signed blank cheque with his agent B, authorising B to fill in a sum not exceeding ten thousand rupees, but 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 with a banker — A is guilty of forgery. (f) A dishonestly scratches out B's name from Z's will, intending it to be believed the whole estate was left to himself and C — A has committed forgery. (g) B dishonestly erases the words "Pay to Z or his order" from an endorsement, converting a special endorsement into a blank endorsement — B commits forgery. (h) A, after selling an estate to Z, executes a conveyance of the same estate to B dated six months earlier, intending it to be believed he conveyed it to B first — A has committed forgery. (i) Z dictates his will to A, but A intentionally writes down a different legatee and induces Z to sign it — A has committed forgery. (j) A writes a letter and signs it with B's name without authority, certifying A's good character, intending to obtain alms from Z — A has committed forgery. (k) A writes a letter and signs it in B's name without authority, certifying A's character, intending to obtain employment under Z — A has committed forgery.

Explanation 1 states that a man's signature of his own name may amount to forgery. The illustrations show: (a) A signs his own name to a bill of exchange, intending it to be believed the bill was drawn by another person of the same name — this is forgery. (b) A writes the word "accepted" on a piece of paper and signs it with Z's name, so that B may later draw a bill of exchange on the paper as though accepted by Z — A is guilty of forgery, and if B, knowing the fact, draws the bill pursuant to A's intention, B is also guilty. (c) A picks up a bill of exchange payable to the order of a different person of the same name, and endorses it in his own name, intending it to be believed it was endorsed by the person to whose order it was payable — this is forgery. (d) B, after seizure of an estate in execution of a decree, executes a lease to Z dated six months prior to the seizure, with intent to defraud A and cause it to be believed the lease was granted before the seizure — B commits forgery by antedating it, even though he executes the lease in his own name. (e) A, a trader in anticipation of insolvency, lodges effects with B and writes a promissory note binding himself to pay B, antedating the note to make it appear made before A was on the point of insolvency — A has committed forgery under the first head of the definition.

Explanation 2 states that making a false document in the name of a fictitious person, intending it to be believed the document was made by a real person, or in the name of a deceased person, intending it to be believed the document was made by the person in his lifetime, may amount to forgery. The illustration shows: A draws

Official Text

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 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; or (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 electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or (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 cipher to the 10,000, and makes 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 of obtaining from B the purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of 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 a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.

(f) Z’s will contains these 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.

(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.

(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.

(k) 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 intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service.

Explanation 1.—A man’s signature of his own name may amount to forgery.

Illustrations.

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.

(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.

(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed forgery.

(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition.

Explanation 2.—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

Illustration. A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

Explanation 3.—For the purposes of this section, the expression “affixing electronic signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.8 p.966 — Supreme Court of India (2025)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §464 — Making a false document