Code: Section 339 BNS
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 of Section 339 BNS
Section 339 specifically addresses the possession of forged documents with the intent to deceive or defraud. The section distinguishes between two types of forged documents:
- Documents under Section 337:
- Examples: Court records, government-issued identity documents (like Aadhaar cards, voter IDs), public registers.
- Punishment: Up to 7 years imprisonment and fines.
- Documents under Section 338:
- Examples: Wills, valuable securities, authority to adopt a son, receipts, or acquittances related to financial transactions.
- Punishment: Life imprisonment or up to 7 years imprisonment with fines.
This law aims to prevent the misuse of forged documents, especially when there’s a clear intention to cause financial loss, legal disputes, or personal harm.
Illustrations
- Possession of Forged Court Document:
- Example: A possesses a forged court summons and plans to use it to mislead someone into taking unnecessary legal action.
- Outcome: A can be punished with up to 7 years of imprisonment and a fine under Section 339.
- Forgery of Valuable Security:
- Example: B has a forged bond (as per Section 338) and intends to use it to claim interest payments fraudulently.
- Outcome: B faces life imprisonment or up to 7 years in prison, along with a fine.
- Fake Identity Document:
- Example: C holds a forged Aadhaar card intending to open a bank account fraudulently.
- Outcome: C is punishable under Section 339 with up to 7 years of imprisonment and a fine.
- Forged Will:
- Example: D has a forged will intending to claim property as an heir.
- Outcome: D faces life imprisonment or up to 7 years imprisonment and a fine.
- Fake Receipt for Property:
- Example: E holds a forged receipt claiming ownership of a car they never purchased.
- Outcome: E can be punished under Section 339 with imprisonment and fines.
Common Questions and Answers
1. What types of documents are covered under Section 339?
- Section 337: Court records, government identity documents, public registers.
- Section 338: Valuable securities, wills, authority to adopt, acquittances, receipts.
2. What is the punishment for possessing forged documents?
- Documents under Section 337: Up to 7 years imprisonment and fines.
- Documents under Section 338: Life imprisonment or up to 7 years imprisonment with fines.
3. Does Section 339 apply to both physical and electronic records?
Yes, the section applies to both physical and electronic records if they are forged and intended for fraudulent use.
4. Can someone be punished even if they didn’t use the forged document?
Yes, possession with intent to use fraudulently is enough to be punished under Section 339, even if the document was never used.
5. How is Section 339 different from Section 338?
- Section 338: Deals with the forgery of documents.
- Section 339: Covers the possession of forged documents with intent to use them fraudulently.
Conclusion
Section 339 of the Bharatiya Nyaya Sanhita (BNS) focuses on the criminal liability of individuals who possess forged documents with the intent to use them for fraudulent or dishonest purposes.
The law differentiates between documents that can cause legal, financial, or personal harm and imposes strict punishments, including life imprisonment for the most severe cases.
This section serves as a deterrent against document-related frauds and ensures that individuals are held accountable, not just for creating forged documents but also for possessing and intending to use them.
