Forgery / Theft Lawyer in Delhi
Here’s a breakdown of Forgery & Theft Provisions under IPC, CrPC, BNS, and BNSS:
Forgery & Theft Provisions in Indian Law
Forgery and theft are criminal offenses under Indian law, covered under the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Nagarik Suraksha Sanhita (BNSS).
1. Forgery Provisions
Under IPC (1860)
- Section 463: Forgery Definition – Making a false document with intent to cause harm.
- Section 464: Making a False Document – Fraudulently altering or fabricating a document.
- Section 465: Punishment for Forgery – Up to 2 years imprisonment + fine.
- Section 466: Forgery of Court Records & Public Registers – Up to 7 years imprisonment + fine.
- Section 467: Forgery of Valuable Documents (Will, Securities, Property Deeds) – 10 years to life imprisonment.
- Section 468: Forgery for Cheating – Up to 7 years + fine.
- Section 469: Forgery for Reputation Damage – Up to 3 years + fine.
- Section 471: Using a Forged Document as Genuine – Same punishment as forgery.
Under BNS (2023)
- Section 316: Forgery
- Section 317: Forgery of valuable documents
- Section 318: Using forged documents
The BNS provisions are nearly identical to IPC but renumbered for clarity.
2. Theft Provisions
Under IPC (1860)
- Section 378: Definition of Theft – Dishonestly taking movable property without consent.
- Section 379: Punishment for Theft – Up to 3 years imprisonment or fine, or both.
- Section 380: Theft in a Dwelling House – Up to 7 years + fine.
- Section 381: Theft by a Servant or Employee – Up to 7 years + fine.
- Section 382: Theft with Preparation for Causing Harm – Up to 10 years + fine.
Under BNS (2023)
- Section 319: Theft
- Section 320: Theft in a Dwelling House
- Section 321: Theft by Servants or Employees
- Section 322: Theft with Preparation to Cause Harm
Again, the BNS maintains the same legal provisions but with renumbering.
3. Procedural Aspects Under CrPC & BNSS
| Provision | CrPC (1973) | BNSS (2023) |
|---|---|---|
| FIR Registration | Sec 154 | Sec 173 (Immediate FIR) |
| Investigation Time Limit | Within reasonable time | Strict timeline enforcement |
| Charge Sheet Deadline | Sec 167 (60-90 days) | Sec 176 (90 days for serious cases) |
| Bail Provisions | Theft (bailable), Forgery (non-bailable for serious cases) | Similar provisions |
FAQs on Forgery & Theft
Q1: Is theft a bailable offense?
- Simple theft (Sec 379 IPC / Sec 319 BNS) – Bailable
- Theft in a Dwelling House (Sec 380 IPC / Sec 320 BNS) – Non-bailable
Q2: Is forgery a serious crime in India?
Yes, simple forgery (Sec 465 IPC / Sec 316 BNS) is punishable up to 2 years, but forgery of valuable documents (Sec 467 IPC / Sec 317 BNS) can lead to life imprisonment.
Q3: Can a person be punished for using a forged document?
Yes, under Sec 471 IPC / Sec 318 BNS, using a forged document knowingly carries the same punishment as making the forgery.
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