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
Section 339 falls under Chapter 18 of the Bharatiya Nyaya Sanhita (BNS). Chapter 18 covers offences relating to documents and to property marks. Each section under this chapter deals with different offences related to various property related crimes. Section 338 specifically deals with using forged documents as genuine. Let us take a closer look at its provisions.
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.
Key Points in BNS Section 339
This section deals with: Using false documents
Description of offence:
Any person knowingly making fraudulent or dishonest use of any false documents as described under Section 337 and 338 of the BNS shall be considered an offender under this section.
Punishment for offence:
Any person found guilty under this section shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. However, if the use of false documents is as described in Section 338, then it can also lead to life sentence.
Exceptions to offence:
Differences Between Section 339 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 339 of BNS replaces Section 474 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 339 | Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine. | 474 | No change in provision for offence |
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.
FAQs about Section 339 of the Bharatiya Nyaya Sanhita (BNS)
Is possessing a forged document punishable under Section 339?
No. Section 339 punishes the use of forged documents. However, possession is also punishable, but under provisions of other sections.
What is the penalty for knowingly using a forged document?
Any person found guilty under this section shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. However, if the use of false documents is as described in Section 338, then it can also lead to life sentence.
Does this section apply to both physical and digital documents?
Yes. This section applies to all kinds of forged documents,
How is "knowing possession" proven in court?
Establishing that the person was either aware or had enough reason to believe that the document was forged would establish knowing possession.
What actions should victims take if they suspect forged documents?
Any person aware of such actions should immediately report the matter to the nearest police authority.
