Introduction

FORGERY

Introduction

Forgery, a form of deception and fraud, involves the creation, alteration, or imitation of documents, artworks, signatures. This practice has been pervasive throughout history, dating back to ancient civilisations where counterfeit documents and currency posed significant threats to societal stability. In the modern era, forgery encompasses a wide range of activities, from the falsification of legal documents, such as wills, contracts, and identification papers, to the imitation of high-value artworks and branded goods. The advent of digital technology has further expanded the scope of forgery, introducing new forms such as digital signature fraud, identity theft, and the manipulation of digital files and media. Forgeries can be motivated by financial gain, the desire for social or professional advancement, or even political agenda. Forgery is often categorized under white-collar crimes, which typically involve non-violent, financially motivated offenses committed by individuals or organizations in positions of trust or authority. White-collar crimes like forgery are characterized by deceit, concealment, or violation of trust and can have significant financial, legal, and reputational consequences. The impact of forgery is profound, leading to financial losses, legal disputes, and a general erosion of trust in societal and institutional systems.  Law enforcement agencies employ various strategies, including handwriting analysis, ink dating, and digital forensics, to detect and prosecute forgers. Additionally, the rise of blockchain technology offers promising solutions for verifying the authenticity of digital and physical items by providing an immutable record of ownership and provenance. Education and public awareness also play crucial roles in mitigating the risks associated with forgery, as informed individuals are better equipped to recognise and report suspicious activities. Despite these measures, forgery remains a persistent challenge, adapting to new technologies and methods, thus requiring continuous innovation and vigilance to effectively counteract its detrimental effects on society.

I. Definitions of forgery

Forgery is the act of creating or altering a document, signature, currency, or other item with the intent to deceive others. It is considered a form of fraud and can have serious legal consequences for those involved in its production or distribution. 

– Forgery defined under Bhartiya Nyaya Sahita (BNS)

• Section 336 BNS – 

Section 336 of BNS defines forgery. It says that if someone makes a false document or electronic record with the aim to cause harm, support a claim, or commit fraud, it’s considered forgery. For instance, creating a fake ID to deceive someone falls under this section.

• Section 337 BNS- Forgery of Official Documents:

This section punishes faking of important documents like court records, identity cards, or certificates issued by the government. If someone forges these documents, they could face consequences under Section 337. For example, making a fake court document for personal gain would be covered here.

• Section 338 BNS – Forgery of Valuable Securities, Wills, etc.:

This section expands the scope to include valuable things like securities and wills. If someone tries to fake these documents, it’s addressed under Section 338. An example could be creating a fake will to grab someone’s property.

• Section 339 BNS – Possession of Forged Documents:

This section talks about having fake documents knowingly. If someone has a forged document and plans to use it dishonestly, they might face consequences under Section 339. For instance, having a fake ID to trick others could be covered here.