Submitting a forged will in court can establish mens rea (guilty mind) if accompanied by evidence of intent to deceive or defraud. Under the Bharatiya Nyaya Sanhita (BNS), forging a testamentary document like a will is treated as a severe offence with stringent penalties. Here’s a detailed breakdown:

1. Establishing Mens Rea in Forgery Cases
Legal Principle: The doctrine of actus non facit reum nisi mens sit rea (an act does not make one guilty unless the mind is guilty) requires proving both the guilty act (actus reus) and the guilty intent (mens rea).

Key Considerations:

Knowledge of Forgery: The prosecution must demonstrate that the accused knew the will was forged and intended to use it fraudulently (e.g., to claim inheritance or property).

Presumption of Mens Rea: Courts presume mens rea unless the statute explicitly excludes it. For forgery under BNS, intent to defraud is a critical element.

Inference from Circumstances: Submitting a forged will in court, especially for personal gain, creates a strong inference of mens rea.

2. Punishments for Forging a Testamentary Document
Forging a will falls under BNS Section 338 (Forgery of Valuable Security, Will, etc.) and related provisions:

a. Section 338 (Forgery of Will)
Offence: Creating a forged will or altering an existing one with fraudulent intent.

Punishment:

Imprisonment for life, or

Imprisonment up to 10 years, along with a fine.

b. Section 339 (Possession of Forged Will with Intent to Use)
Offence: Possessing a forged will while knowing it is fake and intending to use it as genuine.

Punishment:

Same as forgery: Life imprisonment or up to 7 years’ imprisonment and a fine.

c. Section 340 (Using Forged Document as Genuine)
Offence: Fraudulently presenting a forged will in court or other legal proceedings.

Punishment: Equivalent to forgery under Section 338.

3. Judicial Precedents and Key Takeaways
Intent Matters: In Mohindar Singh vs The State (1959), the court emphasized that mens rea and actus reus must coexist for conviction.

Severity of Testaments: Forged wills are treated harshly due to their potential to disrupt inheritance rights and legal processes.

Digital Records: BNS explicitly covers electronic records, ensuring modern forgeries (e.g., digitally altered wills) are punishable