Code: Section 340 BNS
(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 of Section 340 BNS
Section 340 focuses on the use of forged documents with the intent to deceive or commit fraud. The law does not only penalize those who create forgeries but also those who knowingly use forged documents for personal gain.
Key points to note:
- Definition: A forged document is one that has been falsified in any manner, whether by altering, creating, or signing without authority.
- Punishment: The same penalty applies to those who use forged documents as to those who create them.
This ensures that both creators and users of forged documents are equally accountable under the law.
Illustrations
- Using a Forged Identity Card:
- Example: A uses a forged Aadhaar card to open a bank account, knowing it is fake.
- Outcome: A is punished as if he had forged the document himself—up to 7 years imprisonment and fines under Section 340.
- Presenting a Fake Will:
- Example: B presents a forged will in court to claim property, aware that the will is fake.
- Outcome: B faces life imprisonment or up to 7 years imprisonment with a fine.
- Cheating with Forged Certificates:
- Example: C uses a forged academic certificate to get a job, knowingly using a fake document.
- Outcome: C is punished as if he had forged the document, facing imprisonment and fines.
- Fraudulent Property Sale:
- Example: D uses a forged property deed to sell a house, knowing the document is fake.
- Outcome: D is punished as if he had forged the deed, with imprisonment and fines.
- Using a Fake Receipt:
- Example: E uses a forged receipt to claim insurance money, fully aware of its forgery.
- Outcome: E faces punishment equivalent to that of the forger.
Common Questions and Answers
1. What is considered a forged document under Section 340?
Any document or electronic record that has been falsified, altered, or created without proper authority, whether wholly or in part.
2. What is the punishment for using a forged document?
The punishment is the same as for forging the document, which can include imprisonment (up to 7 years) and/or fines, depending on the document’s nature.
3. Does this section apply to both physical and electronic documents?
Yes, it applies to both physical documents and electronic records if they are forged and used dishonestly.
4. Is it a crime if I unknowingly use a forged document?
If you know or have reason to believe the document is forged, it is a crime. Unintentional use may not attract punishment unless negligence can be proven.
5. Can someone be punished if they didn’t create the forged document but used it?
Yes, if they knowingly use the forged document, they are punishable just as if they had forged it themselves.
Conclusion
Section 340 of the Bharatiya Nyaya Sanhita (BNS) ensures that individuals who use forged documents are held as accountable as those who create them.
This law covers:
- Fraudulent use of forged documents (like fake IDs, forged wills, or counterfeit receipts).
- Equal punishment for both creation and usage of forged documents.
The section acts as a strong deterrent against the misuse of forged documents in personal, legal, and financial transactions.
