BNS Section 339: Having Possession Of Document Described In Section 337 Or Section 338, Knowing It To Be Forged And Intending To Use It As Genuine

Definition of BNS Section 339

Section 339 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 337 of this Sanhita, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 338, shall be punished with imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine.

Explanation and Illustration of Section 339

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of using forged documents as genuine. Let us break down the section to get a better understanding of it.

• Offence

  This section provides for knowingly possessing forged documents with the intention of presenting such documents as genuine for dishonest or fraudulent purposes. However, the offence has been divided into two categories that have been differentiated on the basis of the type of forged document in possession of the offender. The two categories are:

  • Possession of forged documents as described in Section 337 - Section 337 provides for forgery of valuable documents. So this category provides for possession of forged valuable documents with the intention of using such forged documents for dishonest or fraudulent purposes. For instance, possession of forged share certificates to be used as collateral for raising loans.
  • Possession of forged documents as described in Section 338 - Section 338 provides for forgery of public records and documents. So this category provides for possession of forged public records or documents with the intention of using such forged documents for dishonest or fraudulent purposes. For instance, possession of a forged passport with the intention of masking one’s identity or gaining unauthorised entry into a territory.

• Possession of such documents shall be considered an offence under the provisions of this section.

• Punishment

  Any person found guilty of possessing forged documents as defined under section 337 of shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine;
  
  Any person found guilty of possessing forged documents as defined under section 338, shall be punished with imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine.

• The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.