Section 335 BNS – Section 335 of New Bharatiya Nyaya Sanhita

Section 335 BNS

Section 335 of the Bharatiya Nyaya Sanhita (BNS), enacted in 2023, addresses the offense of making a false document. This section is part of Chapter XVIII, which deals with offenses related to documents and property marks.

Definition and Provisions

According to Section 335, a person is deemed to have made a false document or electronic record if they:

1. Dishonestly or fraudulently:
   • Make, sign, seal, or execute a document or part of it.
   • Create or transmit any electronic record or part thereof.
   • Affix any electronic signature on an electronic record.
   • Make any mark that signifies the execution of a document or the authenticity of an electronic signature, intending to mislead others regarding its origin.
2. Alter a document or electronic record without lawful authority, in a way that materially affects its content, whether done by themselves or another person.
3. Cause another person to sign, seal, execute, or alter a document or electronic record, knowing that the person is unable to understand the contents due to unsoundness of mind, intoxication, or deception.

Illustrations of Offenses

The section provides several illustrations to clarify what constitutes forgery under this law:

• Example A: A fraudulently alters a letter of credit to increase the amount from 10,000 to 1,00,000 rupees.
• Example B: A affixes Z’s seal on a document without authorization, intending to sell property fraudulently.
• Example C: A fills in a blank cheque with an amount greater than authorized.

These examples demonstrate various scenarios of forgery, emphasizing the legal implications of creating or altering documents with fraudulent intent.

Legal Context

The Bharatiya Nyaya Sanhita aims to consolidate and amend provisions related to offenses in India, replacing older laws and adapting to contemporary legal needs. Section 335 specifically targets fraudulent activities involving documents, reflecting a commitment to combat forgery and protect property rights in the digital age. This section is part of a broader legislative framework that seeks to enhance the efficiency and clarity of legal provisions in India, with enforcement set to begin on July 1, 2024.