Non-Traceability in Public Records Alone Does Not Render a Document Forged

Source: Supreme Court  

Why in News? 

A Bench of Justices PS Narasimha and Manoj Misra in Vandana Jain & Ors. v. The State of Uttar Pradesh & Ors. (2026) set aside an order of the Allahabad High Court which had dismissed a petition seeking quashing of a criminal case, wherein the allegation of forgery was founded solely on the non-traceability of a document in the records of a public office. 

• The Supreme Court held that non-traceability of a document cannot, ipso facto, lead to the conclusion that the document is forged, and that the ingredients of Section 464 IPC (Section 335 of BNS) must be independently established. 

What is the Background of Vandana Jain & Ors. v. The State of Uttar Pradesh & Ors. (2026) Case? 

• The matter arose from a Joint Venture Agreement (JVA) dated August 16, 2010, entered into between the appellants and Motor General Sales Ltd. for development of a property in Kanpur. 
• The JVA ultimately proved unsuccessful. 
• Nearly 11 years later, in March 2021, the complainant lodged an FIR under Sections 406, 420, 467, 468, and 471 IPC. 
• The complainant alleged, among other things, that the appellants had submitted a forged letter purportedly issued by the Executive Magistrate to establish their title over the property. 
• The basis of the forgery allegation was that the said letter was not traceable in the office of the Executive Magistrate from which it was purported to have been issued. 
• The Allahabad High Court dismissed the appellants' quashing petition. 
• Aggrieved, the appellants approached the Supreme Court of India. 

What were the Court's Observations? 

• The judgment, authored by Justice Manoj Misra, held that unless the ingredients of Section 464 IPC are fulfilled, no offence of making a false document can be made out. 
• The Court categorically rejected the complainant's contention, stating that non-traceability of a document in official records cannot, by itself, lead to the inference of forgery. 
• The Court observed: "It is a matter of common knowledge that certificate/letters, such as the one in question, are not maintained in perpetuity. Therefore, if, after 10 or 11 years, merely because the office reports that such letter/certificate is not traceable in the records of the office, it cannot be said that it is forged." 
• The Court emphasised that a document is forged only when allegations establish it to be a false document within the meaning of Section 464 IPC — requiring proof of dishonest or fraudulent intent at the time of creation, signing, or alteration. 
• In light of the above, the Court allowed the appeal and quashed the pending criminal case against the appellants. 

What is Section 335 of BNS?  

About:  

• Section 335 of BNS deals with the Making of False document.  
• Earlier this Section was covered under Section 464 of IPC.  

Who Commits the Offence? 

A person is said to make a false document or false electronic record if they act dishonestly or fraudulently in any of the following ways: 

• Makes, signs, seals, or executes a document or part thereof falsely attributing it to another person. 
• Makes or transmits an electronic record falsely attributing it to another person. 
• Affixes an electronic signature on an electronic record without authority. 
• Makes any mark denoting execution or authenticity of a document/electronic signature, knowing it was not actually made by the person it purports to come from. 
• Alters a document or electronic record in any material part without lawful authority, whether the original maker is living or dead. 
• Causes another person to sign, seal, execute, or alter a document by exploiting their mental illness, intoxication, or deception, such that they do not know the contents or nature of the alteration. 

Key Explanations: 

• A person signing their own name may still commit forgery if the intent is to impersonate another person of the same name. 
• A false document made in the name of a fictitious or deceased person, intending it to be believed as genuine or made during their lifetime, amounts to forgery. 
• "Affixing electronic signature" carries the meaning assigned under the Information Technology Act, 2000.