Forgery

Definition of Forgery (Section 356 BNS)

Offences relating to documents and property marks are crimes that involve creating false documents or marks, or dealing with such documents or marks, with the intent to deceive or cause harm. Forgery is a key offence in this category, dealing with the creation of false documents.

Chapter XX of the Bharatiya Nyaya Sanhita (BNS) deals with Offences relating to Documents and Property Marks (Sections 356 to 382), similar to Chapter XVIII of the IPC.

Forgery:

Forgery involves making a false document or false electronic record with the intention of causing damage or injury, supporting a false claim, causing property to be transferred, or enabling deception.

Provision:

Section 356 of the BNS defines Forgery (similar to Section 463 of the IPC): "Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery."

The definition of 'false document or false electronic record' is provided in Section 357 of the BNS (similar to Section 464 of the IPC). A document is false if it is made, signed, sealed, or executed (or electronically signed, sealed, or executed) by a person who did not create it, with certain intentions, or if it is altered dishonestly or fraudulently, or if a person signs a document pretending to have authority from the real person.

Ingredients of Forgery

The essential elements or ingredients of forgery under Section 356 BNS are:

Making a false document or false electronic record: The accused must create a document or electronic record that is false in the sense defined in Section 357 BNS. This involves making, signing, altering, or executing a document/record falsely.
With intent: The making of the false document must be with one of the following intents:
- To cause damage or injury: To cause harm to the public or any person (injury includes harm to body, mind, reputation, or property).
- To support any claim or title: To use the false document to back a false claim or assertion of ownership.
- To cause any person to part with property: To deceive someone into giving away their property.
- To enter into any express or implied contract: To induce someone to enter into a contract based on the false document.
- To commit fraud or that fraud may be committed: To commit fraud or with the knowledge that fraud is likely to be committed using the false document. 'Fraudulently' means with intent to defraud (Section 2(15) BNS).

All these ingredients must be present. The document must be false, and it must be made with one of the specified intents. It is the making of the false document with the intent that constitutes forgery; it is not necessary that the document is actually used or that damage/fraud actually occurs (though using a forged document is a separate offence - Section 358 BNS, similar to 471 IPC).

Punishment for Forgery

The BNS prescribes punishment for the offence of forgery, with variations depending on the nature of the forgery or the document forged.

Provision:

Section 358 of the BNS prescribes punishment for Forgery (similar to Section 465 of the IPC): "Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

This is the basic punishment for forgery. However, the BNS (like the IPC) prescribes more severe punishments for forging specific types of documents or for using forged documents.

Punishment for Using Forged Document (Section 359 BNS)

Section 359 of the BNS (similar to Section 471 of the IPC) deals with Using as genuine a forged document or electronic record. It states: "Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record."

This means that using a forged document as if it were genuine is punishable to the same extent as the forgery itself, provided the user knows or has reason to believe it is forged and uses it fraudulently or dishonestly. The maximum punishment for using a forged document is two years imprisonment or fine or both (referencing Section 358), unless the document forged falls under a category with a higher punishment.

Forgery of specific documents (e.g., Wills, Bills of Exchange, etc.)

The BNS provides for aggravated punishments when forgery is committed in respect of certain important types of documents, reflecting the greater potential for harm or deception associated with such documents.

Provisions:

Section 360 of the BNS prescribes enhanced punishment for forgery of valuable securities, Will, authority to adopt, or valuable security (similar to Section 467 of the IPC).

It states: "Whoever forges a document which purports to be a valuable security or a Will, or an authority to adopt a son, or 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 receive or deliver any movable property, or to receive, register, transfer or surrender, any share or interest in any company, or to receive any money, movable property, or valuable security, or any interest in a public stock or fund, or to make, indorse, or accept, any bill of exchange, promissory note, or cheque, or to make, transfer or cancel, any stock or other interest in any company, or undertaking, or to issue or indorse any dividend or money payable thereon, or any receipt acknowledging the payment of money or the delivery of any movable property or valuable security, 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."

Explanation:

This section applies when forgery is committed in respect of documents that have significant legal or financial implications. Examples include:

Valuable security: A document that is or purports to be a document whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has a certain legal right (e.g., a bond, promissory note, insurance policy).
Will: A legal document stating a person's wishes for the distribution of their property after death.
Authority to adopt: A document authorising the adoption of a son.
Bills of Exchange, Promissory Notes, Cheques: Negotiable instruments used in commercial transactions.

Forgery of these documents is treated more seriously due to the potential for significant fraud, loss of property, or disruption of legal processes. The punishment reflects this gravity, extending up to imprisonment for life.

Other sections (361-366 BNS, similar to 468-476 IPC) deal with forgery for the purpose of cheating or harming reputation, possessing or making counterfeit seals or documents, etc., providing a layered approach to criminalizing forgery based on intent and the type of document involved.

Offences relating to Property Marks

Definition of Property Mark

Property marks are used to identify the ownership, quality, or origin of goods. Offences relating to property marks involve using false or misleading marks with the intent to deceive or cause harm.

Definition:

Section 376 of the BNS defines Property Mark (similar to Section 479 of the IPC): "A mark used for denoting that movable property belongs to a particular person is called a property mark."

This definition is relatively simple, focusing on a mark used to indicate ownership of movable property. However, related sections and case law often extend the concept to include marks indicating quality, standard, or origin, which are commonly referred to as trademarks or trade descriptions.

Purpose of Property Marks:

Identification of Ownership: To show that certain property belongs to a specific person.
Indication of Quality or Standard: To signify the quality, standard, or composition of goods.
Indication of Origin: To show where the goods were manufactured or produced (e.g., geographical indications).
Branding: Trademarks serve to distinguish goods or services of one entity from those of others.

These marks are protected by law to prevent deception and unfair competition in the market.

Offences relating to Property Marks (Sections 377-382 BNS)

The BNS criminalizes various acts related to false property marks, aiming to protect both property owners and consumers from fraudulent practices.

Counterfeiting property marks

Section 377 of the BNS defines Using a false property mark (similar to Section 480 of the IPC). It refers to the act of using a false property mark. Section 378 BNS defines Counterfeiting property mark (similar to Section 481 IPC): "Whoever makes any counterfeit of any property mark, intending by means of such counterfeit to cause damage or injury, or knowing that it is likely to cause damage or injury, shall be punished..."

Ingredients for Counterfeiting Property Mark (Section 378 BNS):

Making a counterfeit: Creating a false imitation of a genuine property mark.
Intent or Knowledge: Intending or knowing that the counterfeit mark is likely to cause damage or injury (wrongful loss).

Example: Creating fake logos or brand names that are identical or deceptively similar to registered trademarks. This is punishable even before the mark is used on goods.

Making or selling goods bearing false property marks

Putting false property marks on goods, possessing goods with such marks, or selling goods with false marks are also criminal offences.

Using a false property mark (Section 377 BNS): As defined, this involves actually using a mark on movable property which is not the genuine mark, with intent to deceive. Example: Applying a fake brand logo to counterfeit goods to pass them off as genuine.
Having possession of any instrument for counterfeiting property mark (Section 381 BNS): Similar to Section 485 IPC. Possessing tools or materials intended for counterfeiting property marks with intent that they shall be used for a fraudulent purpose.
Selling goods marked with a counterfeit property mark (Section 382 BNS): Similar to Section 486 IPC. Selling, or exposing, or possessing for sale, goods marked with a counterfeit property mark, knowing or having reason to believe the mark is counterfeit. This penalizes dealing in goods bearing fake marks.

These provisions aim to combat counterfeiting and fraudulent use of property marks, protecting intellectual property rights and consumer interests by ensuring authenticity and preventing deception in the market. The BNS provides escalating punishments depending on the specific act and intent involved.