Sections 463 to 471 of the Indian Penal Code, 1860, which defined forgery, its punishment, and aggravated forms, have been replaced by Sections 336 to 341 of the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024. The BNS consolidates nine separate IPC forgery provisions into six reorganised sections, expanding coverage to include government-issued identity documents such as Aadhaar cards and voter IDs, and criminalising mere possession of counterfeit instruments even without proven intent to commit forgery.
What changed
| Old law | New law | |
|---|---|---|
| Act | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Section | 463-471 (nine sections) | 336-341 (six sections) |
| Title | Forgery — scattered provisions | Forgery — consolidated and expanded |
| Change type | Modified — consolidated, identity documents added, possession of counterfeit instruments criminalised |
Full statutory text
Section 463 IPC — Forgery (repealed w.e.f. 1 July 2024)
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.
Section 465 IPC — Punishment for forgery (repealed w.e.f. 1 July 2024)
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.
Section 336 BNS — Forgery (consolidated)
(1) 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.
(2) 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.
(3) Whoever commits forgery for the purpose of cheating shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. [Consolidates Section 468 IPC]
(4) Whoever commits forgery intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. [Consolidates Section 469 IPC]
Section 337 BNS — Forgery of record of court or public register
Whoever forges a document or electronic record purporting to be a record or proceeding of a court or of a public register, or a government-issued identity document including Aadhaar card, voter identity card, or other similar documents, or a certificate required by law to be given, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 338 BNS — Forgery of valuable security, will, etc.
Whoever forges a document purporting 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, 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. [Corresponds to Section 467 IPC]
Section 340 BNS — Using forged document as genuine
Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be forged, shall be punished in the same manner as if he had forged such document or electronic record. [Corresponds to Section 471 IPC]
Section 341 BNS — Making or possessing counterfeit seal, plate, etc.
Whoever makes or counterfeits any seal, plate, or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery, or whoever has in his possession any such seal, plate, or instrument, knowing or having reason to believe the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. [Expands IPC provision by criminalising mere possession]
Text in bold represents provisions that are new or substantially expanded compared to the IPC.
Key differences
Consolidation from nine sections to six: IPC Sections 463-471 have been reorganised into BNS Sections 336-341. Section 336 now consolidates the definition (IPC 463), simple punishment (IPC 465), forgery for cheating (IPC 468), and forgery to harm reputation (IPC 469) into a single provision with graded sub-sections.
Government identity documents expressly covered: BNS Section 337 expands the scope of forgery of public records to explicitly include Aadhaar cards, voter identity cards, and other government-issued identity documents. Under the IPC, these documents were not specifically enumerated, leading to reliance on general forgery provisions.
Criminalisation of possession of counterfeit instruments: BNS Section 341 criminalises not only the making of counterfeit seals, plates, or instruments but also their mere possession when the possessor knows or has reason to believe the item is counterfeit. Under the IPC, prosecution required proof of intent to use the counterfeit instrument for forgery.
Fraudulent use of counterfeit seals: Section 341 BNS further penalises the act of fraudulently or dishonestly using a seal or plate knowing or having reason to believe it is counterfeit, creating a comprehensive framework covering manufacture, possession, and use.
Base punishment unchanged: The punishment for simple forgery remains two years under BNS Section 336(2), identical to IPC Section 465. The seven-year maximum for forgery for cheating and the life imprisonment or ten-year maximum for forgery of valuable securities also remain unchanged.
Electronic records continue to be covered: Both the IPC (post-2000 amendments) and BNS cover false electronic records. The BNS retains this coverage, ensuring that digital document forgery remains prosecutable.
What this means for practitioners
For drafting and citations: All forgery-related FIRs and charge sheets for offences committed on or after 1 July 2024 must cite BNS Sections 336-341. Simple forgery requires Section 336(2); forgery for cheating requires 336(3); forgery of public registers and identity documents requires Section 337; forgery of valuable securities requires Section 338.
For pending cases: Offences committed before 1 July 2024 continue under IPC Sections 463-471. The expanded coverage of identity documents under BNS Section 337 cannot be applied retrospectively.
For identity document forgery: The explicit inclusion of Aadhaar and voter ID in Section 337 BNS means that forgery of these documents now attracts up to seven years imprisonment. Practitioners should cite Section 337 specifically rather than the general Section 336 when dealing with forged identity documents.
For possession cases: Section 341 BNS shifts the burden — mere possession of counterfeit instruments with knowledge of their nature is now sufficient for prosecution. Defence counsel must be prepared to address possession-based charges that would not have been sustainable under the IPC's intent-focused framework.
Does old case law still apply?
The jurisprudence on forgery under IPC Sections 463-471 remains substantially applicable to BNS Sections 336-341, as the core definition of forgery is retained.
Mohd. Ibrahim v. State of Bihar AIR 2009 SC 2740 — The Supreme Court held that for forgery, the prosecution must establish that the accused made a false document with a specific dishonest intent — to cause damage, support a false claim, or commit fraud. This essential requirement continues under BNS Section 336(1).
Sheila Sebastian v. R. Jawaharaj (2018) 7 SCC 581 — The Court held that using a forged document as genuine attracts the same punishment as forgery itself. This principle is codified in BNS Section 340, which retains the equivalence of punishment.
Judicial interpretation under BNS 336-341 (post-July 2024)
No post-July 2024 Supreme Court or Delhi High Court cases directly citing BNS Sections 336-341 (forgery) were found in the Veritect database. The available forgery cases continue to adjudicate under IPC Sections 463-471 because the underlying offences pre-dated 1 July 2024.
Emerging patterns
Based on the statutory framework and early practice, the initial approach suggests:
- Aadhaar and voter ID forgery prosecutions will test Section 337: The explicit inclusion of government-issued identity documents in BNS Section 337 provides a clear statutory basis for prosecuting Aadhaar and voter ID forgery at the seven-year level. Previously, prosecutors had to rely on general forgery provisions or the Aadhaar Act's own penal provisions.
- Possession-based prosecutions under Section 341 will generate litigation: The shift from intent-to-use (IPC) to mere possession with knowledge (BNS Section 341) lowers the evidentiary threshold for prosecutors. Defence counsel will likely challenge this provision on the ground that knowledge of counterfeiting must be proven beyond reasonable doubt, and mere possession without further circumstantial evidence may be insufficient.
- Digital forgery prosecution expected to increase: BNS Section 336 retains coverage of false electronic records, and the consolidation with forgery for cheating (Section 336(3)) provides a streamlined framework for prosecuting digital document forgery — a category of offence that is growing with the digitisation of government and financial records.
Frequently asked questions
What is the BNS equivalent of Section 463 IPC? Section 336(1) of the Bharatiya Nyaya Sanhita, 2023, is the direct equivalent of Section 463 IPC for the definition of forgery. The punishment provisions from IPC Sections 465, 468, and 469 are consolidated in Section 336(2)-(4) BNS.
Does BNS cover forgery of Aadhaar cards? Yes. Section 337 BNS explicitly includes government-issued identity documents including Aadhaar cards and voter identity cards within the scope of forgery of public records, carrying up to seven years imprisonment.
Is possessing a counterfeit seal illegal under BNS? Yes. Section 341 BNS criminalises mere possession of a counterfeit seal, plate, or instrument when the possessor knows or has reason to believe it is counterfeit. Under the IPC, the prosecution had to prove intent to use the instrument for forgery.
What is the maximum punishment for forgery under BNS? Forgery of valuable securities or wills under Section 338 BNS carries imprisonment for life or up to ten years, the same as IPC Section 467. Simple forgery carries two years, and forgery for cheating carries seven years.