What Is BNS Section 339?

Bharatiya Nyaya Sanhita, 2023 - 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

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.

Brief Detail

BNS Section 339 addresses the crime of possessing forged documents with the intent to use them as genuine, outlining penalties based on the type of document involved.

Question & Answers

Q1: What are the consequences of possessing a forged document under Section 339?

A1: Under Section 339, possessing a forged document intended for fraudulent use can lead to imprisonment for up to seven years or life imprisonment, depending on whether the document pertains to section 337 or section 338.

Q2: What types of documents are covered under Section 339?

A2: Section 339 covers documents or electronic records that are identified in section 337 and section 338, which include court records, valuable securities, wills, and other official documents.

Q3: Is there any difference in punishment based on the type of forged document?

A3: Yes, the punishment varies; possessing a forged document under section 337 may lead to a maximum of seven years of imprisonment, while possession under section 338 can result in life imprisonment.

Q4: How does intent factor into the offense described in Section 339?

A4: The offender must not only possess the forged document but also intend to use it fraudulently or dishonestly as genuine for the offense to apply under Section 339.

Example

For example, if C possesses a forged voter identity card knowing it to be fake and intends to use it to vote, C is committing an offense under Section 339.

Summary

BNS Section 339 emphasizes the seriousness of possessing forged documents intended for fraudulent use, outlining strict penalties for violators.