Section 338 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 338 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of using forged documents or electronic records as genuine. This provision is part of Chapter XVIII, which deals with offenses related to documents and property marks.
Key Provisions of Section 338:
Definition of Forged Document or Electronic Record:
A "forged document or electronic record" refers to any document or electronic record that has been made wholly or in part by forgery.
Punishment for Using Forged Documents:
Any individual who fraudulently or dishonestly uses a document or electronic record, knowing or having reason to believe it to be forged, as genuine, is subject to the same punishment as if they had forged the document or electronic record themselves.
Illustrative Scenario:
If someone knowingly presents a forged property deed as genuine to claim ownership, they would be liable under Section 338 and face penalties equivalent to those for committing the forgery.
Related Provisions:
Section 336: Pertains to the forgery of valuable securities, wills, or authorities to adopt a son.
Section 337: Deals with possessing forged documents described in Section 336, knowing them to be forged and intending to use them as genuine.
Section 339: Addresses the making or possessing of counterfeit seals or instruments intended for committing forgery punishable under Section 336.
Legal Implications:
The BNS, 2023, emphasizes the seriousness of forgery-related offenses, especially when they pertain to critical documents like wills, securities, and official records. The law ensures that individuals who use forged documents, even if they did not create them, are held accountable to the same extent as the forgers themselves.
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