Clause 336: Forgery - Punishment and Bail Procedure

Updated on July 08, 2024 03:11:27 PM

Clause 336 of BNS defines Forgery that is previously mentioned under the section 463 of Indian Penal Code.A person commits forgery when they make a false document or a section of a document with the goal of damaging, misleading, obtaining property, or carrying out fraudulent actions. Forgery can also result in imprisonment and penalties for the accused. Until the accused is found not guilty, the claim of Forgery is just a claim. During trial, the accused can get bail with a promise to appear.

In this article, we will go through the complete explanation of Forgery according to Clause 336 of BNS, punishments, penalties and bail provisions. Join us to understand the legal terms to comprehend the practical consequences.

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Overview

Here, is an overview of Clause 336 of BNS given below:

Offence Forgery
Clause under BNS Clause 336
Bail Bailable
Nature of Offence Non-Cognizable
Penalties and Punishments Imprisonment 2/3/7 years or Fine or Both
Triable Police station/Any Magistrate

Defining Offence and Punishment under Clause 336

Clause 336 of BNS clearly defines that -(1) Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

(2) Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(3) Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(4) Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Bail Provision for the Offence under Clause 336

Here, the complete stepwise procedure of Bail is given below:

Step 1: Seeking Legal Professional help

It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.

“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.

Step 2: Application Filing

On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.

Step 3: Grant of Bail or Denied

If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.

If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.

How can “Litem Legalis” help you?

Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."

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Conclusion

Forgery-related penalties and bail procedures are outlined in BNS Clause 336. This section acts as a disincentive to dishonest practices in society by outlining the consequences of creating or using fake documents. It also describes the bail process, which guarantees that those who are charged receive fair treatment throughout the legal process. Establishing and sustaining the rule of law depends mainly on protecting the integrity of documents and preventing fraudulent activity. Hence, maintaining justice and advancing social order depends on compliance with the rules specified in Clause 336.

Frequently Asked Questions (FAQs)

What is Bail?

Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.

What is Bharatiya Nayaya Sanhita 2023?

Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.

Which offences are not applicable for bail?

Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.

What is the Anticipatory Bail?

Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.

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