Cheating and Forgery in the Digital Age under the Bharatiya Nyaya Sanhita, 2023: Fabricated Records, Online Personation and the Proof of Intention

Online dealings rest on two kinds of trust: trust in what people tell one another, and trust in the records that prove what was agreed. Cheating attacks the first, and forgery attacks the second. This paper studies how the Bharatiya Nyaya Sanhita, 2023 (BNS) treats both wrongs in digital settings, concentrating on Sections 318, 319, 335, 336, 337, 338 and 340. It asks how fabricated PDFs, altered electronic records and misused electronic signatures fit within those provisions, and where the line falls between a forged record and one that is merely untrue. The paper also considers the complementary provisions of the Information Technology Act, 2000 and the proof of electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023. Its argument is that the BNS already speaks to digital wrongdoing in express terms, so the real difficulty lies in proving who made or used a record, what intention accompanied that act, and whether the record is authentic. Technology changes the offender’s tools but not the ingredients of the offence, and those ingredients remain the safeguard against wrongful conviction. The paper closes with recommendations for investigators, courts and institutions.