BNS Section 340: Forged Document Or Electronic Record And Using It As Genuine
Section 340 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 340 specifically deals with using forged document as genuine. Let us take a closer look at its provisions.
Definition of BNS Section 340
Section 340 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(1) A false document or electronic record made wholly or in part by forgery is designated a forged document or electronic record.
(2) Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record.
Explanation and Illustration of Section 340
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 document as genuine. Let us break down the section to get a better understanding of it.
Offence
While, Section 339 deals with possession of forged documents of a very specific kind, Section 340 deals with possession of forged documents of all kinds other than the ones specified under Section 339. It has been divided into two subsections, with the first subsection defining the term ‘forged document’ for the purposes of this section and the second section provides the punishment for the offence.
Subsection (1) defines a forged document as “a false document or electronic record made wholly or in part by forgery”. A false document is:
A document which has been created and executed with signatures or authorisation marks of persons who have actually never created or authorised the creation of such a document.
A document which has been altered after it has been executed, without the permission or the authorisation of the persons who originally signed off on such documents
A document which has been executed by deceiving someone or by taking advantage of their mental impairment.
Any person found possessing any such document with the intent of committing a dishonest or fraudulent act shall be considered an offender under the provisions of this section.
Punishment
Any person found guilty of possessing forged documents for the purpose of committing dishonest or fraudulent activities shall be punished in the same manner as if he had forged such a document or electronic record. In other words, any person found possessing a false document shall be punished under the provisions of Section 335 and 336.
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 340
This section deals with: Forged document or electronic record and using it as genuine.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 340 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 340 of BNS replaces Section 470 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 |
|---|---|---|---|
| 340 | Forged document or electronic record. and using it as genuine. | 470 | No change in provision for offence. |
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FAQs about Section 340 of the Bharatiya Nyaya Sanhita (BNS)
What penalties apply for using forged documents under Section 340?
Any person found guilty under this section shall be punished under the provisions of Section 335 and 336.
Does this section cover the use of fake digital records?
Yes. This section covers use of any kind of forged document.
How can someone be charged for unintentionally using a forged document?
No. Intent is crucial to identifying offence under this section. Only intentional use of forged documents is punishable under Section 340.
Are there penalties for organizations using forged documents?
Yes. If an organisation is found using forged documents, then all persons within the organisation responsible for such actions will be punished.
