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Forgery, intimidation, defamation and repeal of the IPC (BNS 335–358)

KanoonGPT

Part 12 of 12Bharatiya Nyaya Sanhita and the Indian Penal Code

The closing stretch of the Bharatiya Nyaya Sanhita, 2023—sections 335–358—covers forgery and false documents, property marks, criminal intimidation, insult and annoyance, defamation, a residual breach-of-contract offence for helpless persons, and repeal and savings.

Forgery and electronic records

Making a false document and forgery are restated with explicit coverage of false electronic records. Forgery of court records and public registers expands illustrative scope toward modern identity documents (Aadhaar, voter identity and similar government IDs appear in the drafting logic of the public-document forgery section). Possession of forged documents knowing them to be forged continues as a distinct wrong.

These sections interact with the Information Technology Act and with evidence rules under the Bharatiya Sakshya Adhiniyam when the prosecution proves electronic authorship.

Intimidation, insult, annoyance and defamation

Criminal intimidation (threats of injury to person, reputation or property to cause alarm or to make a person act) remains a high-use offence in private disputes and political cases. Insult and annoyance provisions catch low-end public-order speech that is not defamation.

Defamation continues as a criminal offence in the BNS. The four exceptions-style structure familiar from IPC 499 is restated rather than abolished. Civil defamation remains a separate track; section choice between civil suit and criminal complaint is still strategic.

Section 358 — repeal and savings

Section 358 repeals the Indian Penal Code, 1860, with savings for acts done, penalties incurred and proceedings pending under the old code. Transitional litigation after 1 July 2024 turns on this section together with the commencement notifications for the BNS, BNSS and BSA.

Rules of thumb:

  • Conduct wholly before commencement → IPC liability analysis, subject to savings.
  • Conduct on or after commencement → BNS sections.
  • Continuing offences that straddle the date need careful count drafting.

Closing the general part of Indian penal law

With section 358, the IPC ceases to be the living general code. Historical interpretation still matters: courts will keep citing pre-2024 precedent where language is continuous. What dies is the authority of IPC numbers as current law. Any database, charge template or exam answer bank that still leads with 302, 420 or 498A without BNS mapping is obsolete for post-commencement facts.

Selected provisions

BNS section 335 (IPC 464)

Making a false document. New section codifying definition of making false document and false electronic record, replacing IPC 464.

BNS section 336 (IPC 463)

Forgery. Keeps core definition but adds explicit statutory punishment of up to two years imprisonment or fine.

BNS section 337 (IPC 466)

Forgery of record of Court or of public register, etc. Expands scope to include government identity documents like Aadhaar and voter ID alongside court records.

BNS section 339 (IPC 474)

Having possession of document described in section 337 or section 338, knowing it …. Updates references from IPC 466/467 to BNS 337/338; retains possession of forged documents punishment.

BNS section 341 (IPC 472)

Making or possessing counterfeit seal, etc., with intent to commit forgery punisha…. Compare full text.

BNS section 342 (IPC 475)

Counterfeiting device or mark used for authenticating documents described in secti…. Updates reference from IPC 475 to BNS 338; retains punishment for counterfeiting authentication devices.

Section-level changes

Material differences (definition, punishment, scope or new offence):

BNS IPC counterpart Subject Change
335 IPC 464 Making a false document New section codifying definition of making false document and false electronic record, replacing IPC 464.
336 IPC 463 Forgery Keeps core definition but adds explicit statutory punishment of up to two years imprisonment or fine.
337 IPC 466 Forgery of record of Court or of public register, etc Expands scope to include government identity documents like Aadhaar and voter ID alongside court records.
339 IPC 474 Having possession of document described in section 337 or section 338, knowing i… Updates references from IPC 466/467 to BNS 337/338; retains possession of forged documents punishment.
341 IPC 472 Making or possessing counterfeit seal, etc., with intent to commit forgery punis… Compare full text.
342 IPC 475 Counterfeiting device or mark used for authenticating documents described in sec… Updates reference from IPC 475 to BNS 338; retains punishment for counterfeiting authentication devices.
344 IPC 477A Falsification of accounts Explicitly includes electronic records in falsification scope.
345 IPC 479 Property mark Adds statutory definition of “property mark.
347 IPC 483 Counterfeiting a property mark Adds specific offence for counterfeiting public servant marks.
353 IPC 505 Statements conducing to public mischief Explicitly includes “false information” and “rumour” in text.
355 IPC 510 Misconduct in public by a drunken person Fine increased to Rs 1,000 and community service added.
356 IPC 499 Defamation Text empty in provided source, likely consolidated or renumbered.
357 IPC 491 Breach of contract to attend on and supply wants of helpless person Fine increased from Rs 200 to Rs 5,000.
358 Repeal and savings Repeals IPC; savings for pending cases and references.

Citation map (renumbered only)

These provisions keep IPC substance under new numbers:

BNS 338 ← IPC 467, BNS 340 ← IPC 471, BNS 343 ← IPC 477, BNS 346 ← IPC 489, BNS 348 ← IPC 485, BNS 349 ← IPC 486, BNS 350 ← IPC 487, BNS 351 ← IPC 503, BNS 352 ← IPC 504, BNS 354 ← IPC 508.

Texts