BACK TO SECTIONS(2009) 15 SCC 643
BailableCognizable: Non-CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 463/465 to BNS 316.
2
'False electronic record' explicitly added to the definition — critical update for the digital era.
3
Aggravated forms (government document, valuable security forgery) preserved in subsequent sections.
THE STATUTE
The Clause
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.
Legal Commentary
Section 316 defines forgery — the making of a false document or electronic record with fraudulent intent. Forgery is distinct from mere falsity: a person who writes a letter containing false statements has not committed forgery. Forgery requires creating a false document — one that falsely purports to be something it is not (forging someone else's signature), or falsely representing a genuine document's content, or fabricating a document entirely. The provision now explicitly includes electronic records — covering the forgery of digital documents, emails made to appear from another sender, falsified PDFs, and digitally manipulated records. The intent element is expansive: intent to cause damage, to support a false claim, to cause someone to part with property, or simply to commit fraud. Several aggravated forms attract higher punishment: forgery of a court record or public document (Section 319) carries up to 7 years; forgery of a valuable security — cheques, share certificates, government bonds (Section 320) — carries up to 7 years. Cheque fraud and property fraud (fabricating title documents for land) are the most common forgery prosecutions in practice.
Landmark Precedents
Mir Nagvi Askari v. CBI (2009)
RELEVANCE
Analysed the elements of forgery and the intent requirement — mere false statement in a document is not forgery unless there was intent to cause harm or fraud.
Case Simulations
"A person who forges their employer's signature on an experience certificate — forgery under BNS 316."
"A developer who fabricates land title documents to sell property they do not own — forgery of property documents."
"An employee who edits a digital salary slip in a PDF to show a higher salary for a loan application — forgery of a false electronic record."
Expert Insights
Not if you had their authority to sign on their behalf. Forgery requires making a false document without authority and with fraudulent intent. A person who has explicit or implied permission to sign another's name does not commit forgery.
Yes. Manipulating a genuine electronic record to make it appear to contain different information — altering a salary slip, editing a medical report, changing figures in a contract — is forgery of a 'false electronic record' under BNS 316.