How do I file a forgery case for fake or fabricated documents used against me?

Question

Someone has used a forged document — like a fake signature or fabricated agreement — to harm my interests. How do I file a forgery case? Specifically, I want to know how BNS 2023 s.336-340 (forgery) applies to a situation like mine and what the criminal law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

How do I file a forgery case for fake or fabricated documents used against me? is governed in India primarily by BNS 2023 s.336-340 (forgery) and Bharatiya Sakshya Adhiniyam s.71-73 (proof of documents). Outcomes in forgery bns 336 disputes depend heavily on documentation, so check what you can actually evidence as you read.

BNS s.336 defines forgery as making a false document with intent to cause damage, support a claim, or commit fraud; basic forgery attracts up to 2 years imprisonment, while forgery of valuable security, will or authorization to receive property under s.338 attracts up to 10 years.

Using a forged document as genuine, knowing it to be forged, is separately punishable under s.340 with the same punishment as forgery itself, so both the person who forged it and the person who used it can be prosecuted.

You will typically need a handwriting/signature comparison via a Forensic Science Laboratory or a certified handwriting expert to prove the document is fabricated, especially where signatures are disputed.

This is largely a cognizable offence for the aggravated categories (valuable security, wills, etc.), so police can register an FIR directly; for the basic offence you may need to approach the Magistrate under BNSS s.223 if police are reluctant.

You can also pursue a civil suit for a declaration that the document is void/forged, and use the pending criminal case as supporting leverage, particularly in property and inheritance disputes.

What to do next: 1) Obtain the original or certified copy of the disputed document and preserve it; 2) Apply for a forensic handwriting/signature examination to establish forgery; 3) File a police complaint or Magistrate complaint under the applicable BNS forgery sections; 4) Consider a parallel civil suit for a declaration voiding the forged document.

If you are unsure whether your facts fall inside BNS 2023 s.336-340 (forgery), that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.