Section 339 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a complete breakdown of Section 339 of the Bharatiya Nyaya Sanhita, 2023:
📄 Text of Section 339
Whoever has in their possession any document or electronic record, knowing it to be forged, and intending that it be fraudulently or dishonestly used as genuine:
If the document/electronic record is covered under Section 337 (e.g., forged public records, valuable securities, wills):
Punishment: Imprisonment (either simple or rigorous) for up to 7 years, plus fine.
If it falls under Section 338 (any forged document or electronic record), including forged deeds or records:
Punishment: Life imprisonment, or imprisonment (of either description) up to 7 years, plus fine.
🧾 Key Points
Covered items:
Documents described in Sections 337 or 338—these include official records, deeds, wills, securities, or any electronic record intentionally forged.
Mens rea:
Accused must know the item is forged and intend to use it fraudulently or dishonestly as genuine.
🛡 Legal Implications
This offense applies even if you didn’t forge the document—you may still face penalties if you knowingly possess and intend to use it as authentic.
The severity of penalty depends on the type of document:
Section 337 offences: up to 7 years’ imprisonment + fine.
Section 338 offences: either life imprisonment or up to 7 years + fine.
🔎 Context within Chapter XVIII
Chapter XVIII deals with offenses related to documents and property marks.
Sections adjacent to 339 include:
337: Possession of forged valuable securities, wills, etc.
338: Using forged documents or electronic records as genuine (distinct creating vs possessing).
339: This section—possession with intent to use.
340–344: Additional forgery-related offenses (counterfeiting seals, falsifying accounts, etc.)
✅ Summary Table
| Situation | Punishment |
|---|---|
| Possessing Section 337 item knowingly, with intent to use | Up to 7 years + fine |
| Possessing Section 338 item knowingly, with intent to use | Life imprisonment OR up to 7 years + fine |
RELATED Blog
0 comments