Bharatiya Nyaya Sanhita, 2023
Section 339 BNS: Possession of Forged Document Under Section 337 or 338
Section 339 of the Bharatiya Nyaya Sanhita, 2023 punishes possession of specified forged documents or electronic records where the person knows the item is forged and intends that it will fraudulently or dishonestly be used as genuine.
Essential Ingredients of Section 339 BNS
- the accused must have possession of a document or electronic record;
- the document or electronic record must be forged;
- the accused must know that it is forged;
- the accused must intend that it be fraudulently or dishonestly used as genuine; and
- the forged item must be of a description covered by Section 337 or Section 338.
Mere physical possession, without the required knowledge and intention, does not by itself satisfy the complete statutory test.
Where the Forged Item Is of the Description Mentioned in Section 337
Section 337 covers specified judicial, public and official records and instruments, such as Court records, Government identity documents, public registers, official certificates, litigation authorities and powers of attorney.
If a person possesses such a forged document or electronic record, knows it to be forged and intends that it be fraudulently or dishonestly used as genuine, the punishment may extend to seven years and fine.
Where the Forged Item Is of the Description Mentioned in Section 338
Section 338 covers valuable securities, wills, certain authorities relating to valuable securities, money or movable property, and specified receipts or acquittances.
Possession of such a forged document with the required knowledge and intention is punishable with imprisonment for life, or imprisonment of either description up to seven years, and fine.
Punishment, Cognizability, Bail and Trial Court
| Category | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| Possession of forged item described in Section 337 | Imprisonment of either description up to 7 years and fine | Yes | Yes | Magistrate of the first class |
| Possession of forged item described in Section 338 | Life imprisonment, or imprisonment of either description up to 7 years, and fine | No | Yes | Magistrate of the first class |
Difference Between Section 339 and Section 340 BNS
Section 339 focuses on possession of specified forged documents or electronic records, together with knowledge of the forgery and intent that the item be fraudulently or dishonestly used as genuine.
Section 340 BNS separately deals with a forged document or electronic record and the act of fraudulently or dishonestly using it as genuine, while knowing or having reason to believe that it is forged.
Relationship With Sections 335 to 338
Section 335 explains making a false document or false electronic record. Section 336 defines forgery. Sections 337 and 338 identify the special classes of forged documents relevant to Section 339.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult the official India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
Is mere possession of a forged document enough under Section 339?
No. The section also requires knowledge that the document or electronic record is forged and intent that it be fraudulently or dishonestly used as genuine.
What is the punishment for possession of a forged Section 337 document?
Imprisonment of either description up to seven years and fine.
What is the punishment for possession of a forged Section 338 document?
Imprisonment for life, or imprisonment of either description up to seven years, and fine.
Is Section 339 bailable?
Yes. Both First Schedule entries under Section 339 are bailable.
Is Section 339 cognizable?
The Section 337-document branch is cognizable. The Section 338-document branch is non-cognizable.
This page provides general legal information. Application of Section 339 depends on the nature of the document or electronic record, whether it is forged, the accused's knowledge, the intended use and the evidence in the individual case.