339 BNS

Introduction of 339 BNS

BNS Section 339 deals with the offence of knowingly possessing a forged document or electronic record with the intent to use it as genuine. This provision aims to prevent individuals from exploiting forged documents for fraudulent or dishonest purposes. The section applies to documents described under Sections 337 and 338 of the Bharatiya Nyaya Sanhita (BNS), which include critical and sensitive records. The punishment under this section varies based on the type of document, reflecting the gravity of the offence. This law safeguards public trust in the authenticity of documents and ensures that forgeries do not undermine societal and legal systems.

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The Bharatiya Nyaya Sanhita (BNS) Section 339 replaces the old Indian Penal Code (IPC) Section 494.

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What is BNS Section 339 ?

BNS Section 339 punishes anyone who knowingly keeps a forged document or electronic record, intending to use it as genuine. The punishment depends on the type of document, as defined in Sections 337 and 338, to ensure fairness and severity based on the potential harm caused.

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BNS 339 in Simple Points

5 Key Points of BNS Section 339

1. Importance of Knowledge and Intent

For an individual to be punished under Section 339, they must have knowledge that the document is forged. Mere possession without awareness of its forged nature does not constitute an offence. Additionally, there must be a clear intent to use the document fraudulently or dishonestly as genuine. For example, if a person finds a forged property deed without knowing it is fake and does not attempt to use it, they cannot be held liable under this section. The focus on intent ensures fairness in determining guilt.

2. Applicability to Documents under Sections 337 and 338

The section applies specifically to forged documents described in Sections 337 and 338. Documents under Section 337 include government records, public registers, or certificates essential for administrative purposes. Section 338 includes highly sensitive documents like wills, financial instruments, or contracts. The penalties are stricter for Section 338 documents because they have significant legal and personal implications. For instance, possessing a forged will with the intent to claim inheritance attracts harsher punishment.

3. Punishment Based on Document Type

The punishment under Section 339 depends on the category of the forged document. For documents under Section 337, the penalty is imprisonment for up to seven years and a fine. However, if the document falls under Section 338, the punishment can extend to life imprisonment or seven years, along with a fine. This distinction underscores the varying degrees of harm caused by different types of forged documents, ensuring proportionate penalties.

4. Classification of the Offence

The classification of the offence under Section 339 varies based on the document type. For Section 337 documents, the offence is cognizable, meaning the police can arrest without a warrant. In contrast, for Section 338 documents, it is non-cognizable, requiring prior approval from a magistrate for arrest or investigation. Both types of offences are bailable, allowing the accused to secure bail, and are non-compoundable, meaning they cannot be resolved through mutual agreement between parties.

5. Role in Combating Forgery

Section 339 plays a vital role in deterring forgery and fraud by penalizing possession with intent to use forged documents. It protects the integrity of legal and financial systems by ensuring that individuals cannot benefit from fraudulent documents. For example, preventing the misuse of forged election certificates or fake bank guarantees helps maintain trust in administrative and financial institutions. This provision strengthens societal confidence in the authenticity of critical documents.

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Section 339 BNS Overview

Under BNS Section 339, an offence is committed when a person has in their possession a document or electronic record they know to be forged, with the intention of using it as genuine. The section emphasizes two key elements: knowledge that the document is forged and intent to use it fraudulently or dishonestly. Depending on the type of document, as described in Sections 337 and 338, the penalties range from imprisonment for up to seven years to life imprisonment, along with fines. This strict approach reflects the seriousness of possessing forged documents with malicious intent.

1. Definition of the Offence

Section 339 applies when a person knowingly possesses a forged document or electronic record with the intent to use it as genuine. The intention must be fraudulent or dishonest, aimed at deceiving others or gaining undue advantage. This ensures that mere possession without intent does not attract punishment.

2. Connection to Sections 337 and 338

The section refers to documents described in Sections 337 and 338 of the Bharatiya Nyaya Sanhita. Section 337 deals with specific types of forged documents, such as government records or public registers, while Section 338 focuses on highly sensitive documents like wills, contracts, and financial instruments.

3. Punishment for Documents under Section 337

If the forged document falls under Section 337, the punishment is imprisonment for up to seven years and a fine. This reflects the seriousness of possessing forged documents that could harm public trust or governance.

4. Punishment for Documents under Section 338

When the forged document is described under Section 338, the punishment escalates to life imprisonment or imprisonment for up to seven years, along with a fine. This stringent penalty is due to the critical importance of such documents in ensuring justice, financial security, or personal rights.

5. Cognizable and Non-Cognizable Offences

For documents described under Section 337, the offence is classified as cognizable, meaning the police can arrest without a warrant. However, for Section 338 documents, it is non-cognizable, requiring prior approval from a magistrate for investigation or arrest.

6. Bailable Nature of the Offence

Despite the severity of the offence, both cases (under Sections 337 and 338) are considered bailable. This allows the accused to seek bail and defend themselves during the trial, balancing the rights of the accused with the need for justice.

7. Non-Compoundable Offence

The offence is non-compoundable, meaning it cannot be resolved through mutual agreement between the parties involved. This ensures that serious crimes like forgery are prosecuted to maintain public trust in legal processes.

8. Jurisdiction and Trial Process

The case is triable by a Magistrate of the first class. This ensures that experienced judicial officers handle these complex cases involving forged documents and their implications on individuals and society.

9. Importance of Intent

The intent behind possessing the forged document plays a critical role in determining culpability. If the person unknowingly possesses a forged document without any intent to use it as genuine, they cannot be punished under Section 339.

10. Role in Deterring Forgery

Section 339 acts as a strong deterrent against forgery-related crimes. By penalizing possession with intent to use forged documents, it prevents individuals from exploiting forged records to commit fraud, safeguarding the integrity of legal, financial, and personal transactions.

Examples of BNS Section 339

Example 1: Forged Property Documents (Section 337)

A person possesses fake property papers, knowing they are forged, and tries to sell the property using these papers. This is punishable under BNS Section 339 because the document belongs to the category described in Section 337.

Example 2: Forged Will (Section 338)

A person keeps a forged will that claims they are entitled to inherit a large sum of money. They intend to present this forged will to claim the inheritance. Since this document falls under Section 338, the person could face life imprisonment under BNS Section 339.

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BNS 339 Punishment

If the document falls under Section 337, the punishment is up to 7 years imprisonment and a fine.

If the document falls under Section 338, the punishment is life imprisonment or up to 7 years imprisonment and a fine.

Under BNS 339, a fine accompanies the imprisonment. The exact amount of the fine is determined by the court, depending on the nature of the offence and its severity.

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BNS 339 bailable or not ?

For both Section 337 and Section 338 documents, offences under BNS 339 are bailable.The accused can apply for bail and may be released upon providing sureties as required by the court.

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Bharatiya Nyaya Sanhita Section 339

Points	Details
Section	BNS Section 339
Offence	Possessing a forged document or electronic record with intent to use it as genuine.
Type of Documents	Documents described in Sections 337 and 338.
Punishment (Sec. 337)	Imprisonment for up to 7 years and a fine.
Punishment (Sec. 338)	Life imprisonment or imprisonment for up to 7 years and a fine.
Cognizability	Cognizable for Section 337 documents; Non-cognizable for Section 338 documents.
Bailability	Bailable for both Section 337 and Section 338 documents.
Compounding	Non-compoundable for both types of documents.
Trial by	Magistrate of the First Class.

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BNS Section 339 FAQs

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