Kamaldeep applied for the post of an Elementary Teacher Training (ETT) in the State of Punjab and submitted a certificate showing that she had worked in Gyandeep Public School for a specified period. During verification,

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2026
Kamaldeep applied for the post of an Elementary Teacher Training (ETT) in the State of Punjab and submitted a certificate showing that she had worked in Gyandeep Public School for a specified period. During verification, it was found that the school was not recognized during that period. The prosecution alleged that the certificate was false and forged and initiated criminal proceedings against her for forgery. Examine whether Kamaldeep is guilty of forgery for submitting such a certificate. What are the punishments for committing forgery under the Bharatiya Nyaya Sanhita, 2023 ?

Answer & Explanation:

According to Section 336 of the Bharatiya Nyaya Sanhita, 2023, 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. Hence forgery requires making a false document with an intent to deceive ( Balbir Kaur v. State of Punjab ). If a document does not contain a false representation, it is not forgery. The certificate stated only the period of service. It did not claim that the school was recognized. Thus, as there is absence of recognition and false statement in the document, Kamaldeep is not guilty of forgery. The punishment for forgery as per Section 336 of the Bharatiya Nyaya Sanhita, 2023 are: 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. 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. 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.

Topics: Criminal Law

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