Businesses nowadays are extensively paper-based and document verification is very essential. However, there are scenarios in which individuals (intentionally or maliciously) forge documents to deceive or cheat others. This issue deals with section 335 BNS in detail.
What is Section 335 BNS?
In specific terms, section 335 of the Bharatiya Nyaya Sanhita speaks about the criminal act of making a false document dishonestly or fraudulently. A fraudulent document is one that has been falsified, changed, or created to mislead or defraud people in legal terms.
Section 335 holds people criminally accountable for crafting, carrying, or utilizing these documents for illegal reasons. Moreover, forgery extends to deceitful modifications of current documents or persuading individuals susceptible to creating forged documents.
The motive of Section 335 is to ensure people who engage in document alteration are penalized, thwarting the misuse of forged documents in diverse sectors. These include business, education, finance, or lawful proceedings.
7 Main Points of Section 335 BNS
Here is a list of seven main points of Section 335 of the Bharatiya Nyaya Sanhita:
- Forgery in Electronic Records: Section 335 BNS expands the forgery concept to involve digital reactions, including making or tweaking electronic records. This verifies the applicability of the law in present-day digital transactions. Using electronic signatures illegally or manipulating digital documents falls under this condition.
- Modifying Existing Documents: Modifying an already executed document deceptively or fraudulently is considered no less than forgery under Section 335 BNS. Even small changes, made with a dishonest motive, can qualify. For instance, altering amounts in contracts or cheques without prior consent is a clear offense.
- Motive and Dishonest Purpose: The criminal offense requires a motive to cheat or betray. Forgery does not occur accidentally. It includes intentional acts to manipulate documents or electronic records. The purpose might be to gain financial benefits, cause harm to others, or acquire unreasonable advantages, including employment or fiscal benefit.
- Vulnerable Individual Exploitation: Forgery can include making vulnerable people, including those dealing with intoxication or being mentally disabled, execute or modify documents without their knowledge. Cheating or deceiving such individuals for signing papers leads to a serious form of forgery under Section 335 BNS.
- Forgery in Financial Instruments: Modifying financial instruments, such as bills of exchange, cheques, or promissory notes is not an uncommon example of forgery. For example, the unlawful insertion of amounts of changing the names of the payee in these documents is blameworthy under Section 355 BNS.
- Scope and Importance in Modern Context: Section 355 extends its relevance to safeguard the integrity of not only physical but also electronic records. Including digital forgery represents the adaptability of the law to technological breakthroughs. It protects trust in legal, electronic, and financial transactions by punishing forgery in every form.
- Forgery Involving Fabricated or Deceased Individuals: Making documents in the name of fabricated or deceased people with the motive to cheat is classified as forgery. This involves using names or identities that never existed or manipulating the identities of the departed for illegal gains.
Outline of Section 335 BNS
Section 335 of the Bharatiya Nyaya Sanhita, or BNS, aims to maintain the genuineness of documents and electronic records by punishing deceitful or fraudulent activities. It safeguards people and institutions against financial and reputational damage caused by document manipulation.
Major Components of Section 335 BNS
Under Section 335 BNS, numerous significant components are described:
1. Definition of a False Document
A “fake document” is any document, electronic record, or signature that has been deliberately falsified or manipulated, with a motive to cheat others. This could involve:
- Copied signatures
- Fake degrees or diplomas
- Tampered agreements or contracts
- Falsified birth or death certificates
- Altered financial statements
2. The Criminal Offense of Creating a False Document
In particular, Section 335 targets those individuals who create a fake document. “Creating” in this scenario indicates the action of:
- Falsifying a document
- Tampering with a current document
- Forging or crafting a new document with the motive to defraud
3. Motive to Mislead
The motive behind creating a false document is paramount in determining if a criminal offense has been committed under Section 335 BNS. A person must have the motive to cheat or cause harm to the third party involved. This harm could be related to personal gain, financial advantages, or other harmful reasons.
Please note that creating a fake document does not have to be completed for the criminal offense to take place. The pure motive to betray seems more than sufficient.
Punishment and Legal Implications
The punishment for creating a false document under Section 335 of the Bharatiya Nyaya Sanhita varies. However, it is based on the harshness of the criminal offense. Here is a list of some of the major legal implications:
Imprisonment: A person guilty of making a false document can face incarceration. The duration of imprisonment may differ based on various factors, including the severity of the criminal offense and if the document was used in a criminal act.
- Simple cases may call for an imprisonment punishment for a term that does not exceed 3 years.
- For more serious cases where the document was used to commit fraud or cause considerable harm, the punishment can extend to 5 years of imprisonment.
Penalties: Penalties may be imposed on individuals. These penalties act as an additional warning to those who engage in fraudulent documentation.
- The amount may differ based on the case details, including the impact of the document fraud and the financial loss others have suffered.
Damage to Reputation: Apart from legal punishments, individuals guilty under Section 335 BNS may face extensive damage to their reputation. Criminal convictions, especially those regarding fraud or document manipulation, can adversely affect an individual’s personal and professional life.
Defenses Against Making a False Document
While Section 335 BNS is stringent, people accused of making a false statement have the right to present defenses. Some of them are mentioned below:
- Lack of Motive: The main defense against the charge of creating a false document is the lack of motive to betray. If the offender can prove that the document was made with no deceptive motive, they may be able to evade conviction.
- Handling a False Document By Mistake: If a person did not know that the document they used or handled was falsified or tampered with, they may present it as a defense. However, it is significant that the person proves they acted honestly and had no knowledge about the document’s false nature.
- Mistake of Fact: This is another possible defense. Here the offender can show that they made the document in good faith and belief that it was authentic. This defense is only acceptable if the mistake is credible and did not occur due to negligence.
Final Thoughts
Section 335 of the Bharatiya Nyaya Sanhita acts as vital protection from the deceptive creation of documents – a practice that weakens trust and rightfulness in diverse sectors. By penalizing individuals who are involved in making false documents, the law safeguards people and institutions against harm caused by fraud and deception.
Individuals must know about the legal implications of making false documents and act with honesty in their personal and professional lives. As technology continues to advance, the scope for making fake documents will increase. It makes it crucial for laws, such as Section 355, to maintain order and transparency.