BNS Chapter 18

BNS Chapter 18: How India’s New Law Fights Document Forgery and Fake Property Marks

In today’s legal and business systems, the value of documents and identifying marks is hard to overstate. Whether it’s a will, a bank record, a government-issued certificate, or a mark on goods showing ownership, these things help us trust what we see. Chapter 18 of the Bharatiya Nyaya Sanhita, 2023 deals with offences where that trust is broken—through forgery, false documents, and counterfeit property marks.

Let’s walk through this chapter and naturally address some key questions that help make sense of what these sections cover and why they matter.

How is Section 336 different from Section 338 in BNS?

While both sections talk about forgery, they don’t deal with the same kind of documents.

Section 336 is about forgery in a broader sense. For example, someone faking a school certificate or an employment letter with dishonest intent falls under this section. It covers all sorts of documents that people might try to forge for personal gain or to cause harm.

Now, Section 338 is more specific and deals with important documents like wills, valuable securities, and documents that transfer legal rights. So if someone fakes a will to claim property or forges a bond paper for money, it’s a more serious crime and attracts stricter punishment.

In short, Section 336 is general forgery, while Section 338 targets forgery of high-value or legal documents that can impact people’s property or financial rights.

Which section punishes tampering with court records or public documents?

That’s covered under Section 337.

Legal records like court judgments, birth certificates, or entries in public registers are used every day to prove identity, ownership, or decisions taken by legal bodies. Falsifying these not only misleads people but also weakens the whole justice system.

If someone tries to change or create a false entry in any such record—say, altering a land record to claim someone else’s plot—they can be punished under this section. It protects the integrity of public documents that we all rely on.

What does Section 340 cover exactly?

Section 340 addresses situations where someone uses a forged document or electronic record—not necessarily one they created themselves—but knowing it is fake.

Let’s say a person submits a forged ID to get a loan or uses a fake salary slip to rent an apartment. Even if they didn’t make the forged document, knowingly using it makes them liable under this section.

So this provision closes a common loophole—where people claim, “I didn’t forge it, I just used it.” If you know it’s fake and use it as real, it’s a crime.

How does the law treat possession of forged documents? (Section 339)

This is a crucial section. Section 339 makes it clear that even having a forged document, if you know it’s forged and intend to use it as genuine, is punishable.

For instance, someone holding a fake land registration paper with plans to sell the land is guilty—even if they haven’t yet taken action. The law doesn’t wait for the damage to happen. If your intent is there and you’re aware, possession alone is enough to be charged.

This helps prevent fraud at an early stage before someone gets cheated or harmed.

Which section talks about the cancellation or destruction of valuable documents like wills?

That would be Section 343.

Some documents carry long-term consequences—wills, powers of attorney, and financial securities can decide who inherits what, or who gets authority over someone else’s matters. If a person destroys, hides, or changes any of these documents to cheat or harm another person, they commit a crime under this section.

It ensures that no one can just tear up a legal paper or secretly change a will to get unfair benefit. The section protects the authenticity and finality of legal documents.

What is a property mark as per Section 345?

In simple terms, a property mark is a sign, label, or stamp put on movable goods that identifies the rightful owner.

Let’s say a transport company sends parcels with a certain symbol on them, or a manufacturer marks their tools or machinery. These marks help distinguish one person’s goods from another's, especially in businesses or large shipments.

Section 345 defines what counts as a property mark and sets the legal ground for protecting it. If someone tampers with these marks, they risk punishment under related sections.

What is the punishment for counterfeiting a property mark?

Section 347 addresses this. If a person tries to copy someone else’s property mark, the intention is usually to mislead buyers or claim someone else’s goods as their own.

This is a common issue in counterfeit markets where fake products are sold using the labels of well-known brands. Such acts not only harm businesses but also risk the safety of consumers.

The punishment under this section can be jail time, a fine, or both, depending on the nature and scale of the offence.

Which sections deal with making or possessing tools for forgery or property mark counterfeiting?

BNS Chapter 18 makes sure to cover the tools, not just the acts.

• Section 341 deals with making or keeping counterfeit seals or stamps used to forge valuable documents under Section 338.
  
  

• Section 342 punishes making or holding devices meant for authenticating forged documents.
  
  

• Section 348 is about tools for making fake property marks.
  
  

These sections help law enforcement act before the crime happens—if someone is found preparing the means to commit forgery or counterfeit marks, they can be stopped in advance.

What does Section 350 criminalize?

Section 350 talks about the false marking of goods or containers. For example, someone fills a barrel with low-quality oil but stamps it with the label of a reputed company. The idea is to make it look like it came from a trusted source, which is dishonest.

Such false marking affects both buyer trust and business credibility. This section makes it illegal to put misleading marks on packages or containers, especially in commercial dealings.

Can someone be punished under BNS Chapter 18 for using a forged document without knowing it is forged?

This is a very practical question. The answer is: No, they cannot be punished just for using it unknowingly.

The law looks for two things: knowledge and intention. If someone had no idea that a document they submitted was forged, they are not guilty. But if they later find out and still choose to use it—or if it’s proven they deliberately avoided checking—it may become a problem.

So, honest mistakes are not crimes, but intentional misuse or willful ignorance can land someone in legal trouble.

Final Thoughts

Chapter 18 of the Bharatiya Nyaya Sanhita is essential for maintaining the credibility of documents and property ownership in both legal and business systems. From general forgery to destruction of legal documents and misuse of property marks, this chapter leaves no gap in covering fraudulent actions.

It ensures that important papers like wills, security bonds, and public records are protected. It also safeguards brand integrity and consumer trust by penalizing those who misuse or fake property marks.

Each section serves a specific purpose, but together they create a legal shield against deception, forgery, and fraud—upholding the rule of law in everyday life.