339 BNS :Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine.

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Introduction of 339 BNS

339 BNS focuses on the offence of possessing forged documents or electronic records with intent to use them as genuine. It directly connects with Sections 337 and 338, which classify different types of important and sensitive records such as government certificates, property papers, wills, and financial contracts. The law ensures that forged documents are not misused to cheat, defraud, or gain unlawful advantage. Depending on the type of document, the punishment can extend up to seven years or even life imprisonment, highlighting the seriousness of the crime. Interestingly, Section 339 has replaced IPC Section 494, showing how the new BNS has restructured provisions to deal with modern-day challenges like document fraud.

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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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Under Section 339 of the bns act 2023

“Whoever possesses any document or electronic record described in Section 337 or Section 338, knowing it to be forged, and intending to use it as genuine, shall be punished according to the nature of the document. If the forged document falls under Section 337, the punishment may extend up to seven years with fine. If the forged document falls under Section 338, the punishment shall be harsher, including life imprisonment or imprisonment up to seven years, along with fine.”

1. Meaning of Possession of Forged Document

Section 339 applies when:

• A person knowingly possesses a forged document or electronic record.
• There is intention to use it as genuine, even if it has not been used yet.
• Mere possession without knowledge or intent is not punishable.

Example → Keeping a fake property deed to sell land fraudulently.

2. Who is Covered?

This section covers:

• Individuals → Any person keeping forged records knowingly.
• Groups → Conspirators who collectively keep forged documents for fraud.
• Offenders with dishonest intent → Those keeping forged wills, certificates, contracts, or financial papers to gain advantage.

3. Types of Documents Covered under BNS 339

• Section 337 Documents → Public/government records, registers, or certificates.
  Punishment: Imprisonment up to 7 years + fine.
• Section 338 Documents → Highly sensitive documents like wills, valuable securities, financial contracts.
  Punishment: Life imprisonment or up to 7 years + fine.

4. Nature of the Offense

• Cognizability:
  • Section 337 documents → Cognizable (police can arrest without warrant).
  • Section 338 documents → Non-cognizable (requires magistrate’s approval).
• Bailability:
  • Bailable for both types of documents.
• Compoundability:
  • Non-compoundable (cannot be settled by compromise).
• Trial by:
  • Magistrate of First Class.

5. Punishment under BNS Section 339

• Forged documents under Section 337 → Imprisonment up to 7 years + fine.
• Forged documents under Section 338 → Life imprisonment or up to 7 years + fine.

6. Examples of BNS Section 339

• Example 1 – Forged Property Deed (Section 337)
  A man keeps fake land ownership papers and plans to sell the property. → Punishable with up to 7 years + fine.
• Example 2 – Forged Will (Section 338)
  A woman knowingly possesses a forged will claiming her inheritance. She intends to submit it in court. → Punishable with life imprisonment or up to 7 years + fine.
• Example 3 – Innocent Possession
  A student finds a forged certificate but does not know it is fake and never intends to use it. → Not punishable under Section 339.

7. Importance of BNS Section 339

• Protects society from frauds involving forged documents.
• Maintains trust in legal, financial, and administrative systems.
• Ensures severe punishment for those misusing critical documents like wills, contracts, or property deeds.
• Distinguishes between ordinary forged documents and highly sensitive ones, ensuring proportionate punishment.

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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.

BNS Section 339 – Possession of Forged Documents or Electronic Records

1. Definition of the Offence

BNS Section 339 clearly explains that an offence occurs when a person knowingly has a forged document or electronic record in their possession with the intention of using it as if it were genuine. The key factors here are knowledge and intent. A person is not guilty if they innocently hold a forged document without knowing it is fake. But the moment they realize it is forged and still intend to use it for cheating, fraud, or dishonest gain, the act becomes a punishable crime.

2. Connection to Sections 337 and 338

Section 339 does not stand alone—it works closely with Sections 337 and 338 of the Bharatiya Nyaya Sanhita. These two sections categorize forged documents into different levels of seriousness. Section 337 deals with important public documents like government records, public registers, or property documents. Section 338, on the other hand, focuses on highly sensitive private or financial documents, such as wills, contracts, and valuable financial instruments. By linking with these two sections, Section 339 ensures that punishments are applied depending on the type of forged document.

3. Punishment for Documents under Section 337

If the forged document a person possesses falls under Section 337, the punishment is up to seven years of imprisonment and a fine. This strict penalty is applied because forged public documents can cause serious harm to governance and public trust. For example, a person holding forged government certificates or fake property papers could misuse them to cheat innocent people or mislead government authorities.

4. Punishment for Documents under Section 338

When the forged document comes under Section 338, the punishment becomes far more severe. In such cases, a person may face life imprisonment or imprisonment up to seven years along with a fine. These are treated more seriously because documents like wills, contracts, and financial papers directly affect people’s rights, property, or financial security. Misusing such forged documents can destroy families, mislead courts, and even cause huge financial losses. That’s why the law provides the strictest possible punishment here.

5. Cognizable and Non-Cognizable Offences

The law makes a distinction between the seriousness of the cases. If the forged document falls under Section 337, the offence is cognizable, which means the police can take action and arrest the accused without needing a warrant. However, if the forged document belongs to Section 338, it is a non-cognizable offence, meaning that police need permission from a magistrate before starting an investigation or making an arrest. This balance ensures that while the offences are serious, legal safeguards remain in place for sensitive cases.

6. Bailable Nature of the Offence

Despite the harsh punishments, the offence under Section 339 is bailable in both cases. This means that the accused has the right to apply for bail and defend themselves in court while the trial is ongoing. The bailable nature of the offence is designed to protect the rights of the accused, ensuring they are not unnecessarily kept in custody before guilt is proven.

7. Non-Compoundable Offence

Offences under this section are non-compoundable, which means they cannot be settled privately between the victim and the offender. Even if both parties agree to compromise, the case must continue through the judicial system. This rule exists because crimes like forgery affect not just individuals but also the larger society, especially when public records, contracts, or wills are involved.

8. Jurisdiction and Trial Process

Cases under Section 339 are triable by a Magistrate of the first class. This ensures that cases involving forged documents are handled by an experienced judicial officer with enough authority to deal with such sensitive matters. Forgery cases are often complex, involving detailed evidence and examination of documents, so they require careful judicial attention.

9. Importance of Intent

The most important factor under Section 339 is the intention of the accused. Simply possessing a forged document is not enough to make someone guilty. If a person genuinely did not know that a document was forged, they cannot be punished. The offence only exists when a person is aware that the document is fake and still intends to use it fraudulently or dishonestly. For example, unknowingly receiving a fake property paper is not an offence—but trying to sell property using that paper is punishable.

10. Role in Deterring Forgery

The broader aim of Section 339 is to act as a strong deterrent against forgery crimes. It ensures that people cannot safely keep forged documents for later misuse. By punishing possession with intent to use forged records, the law blocks fraudsters from exploiting fake documents to cheat others. This not only safeguards public confidence in documents and records but also protects the integrity of financial, legal, and personal transactions across society.

Examples of BNS Section 339 in Action

• Example 1: Forged Property Documents (Section 337)
  A person knowingly keeps fake property registration papers and tries to sell the property using those papers. Since the papers belong to the type of documents described under Section 337, this act is punishable under Section 339 with imprisonment up to seven years.
• Example 2: Forged Will (Section 338)
  A person possesses a forged will that falsely shows they are the rightful heir to a large inheritance. Their intention is to present this will in court to claim property. Since wills fall under Section 338, the punishment may go up to life imprisonment, reflecting the extreme seriousness of this crime.

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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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Comparison: BNS Section 339 vs IPC Section 494

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BNS Section 339 FAQs

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Conclusion

BNS Section 339 plays a vital role in safeguarding trust in documents, records, and electronic data. By punishing those who knowingly possess forged documents with intent to use them as genuine, the law blocks fraudulent activities at their root. The distinction in punishment between ordinary public records and highly sensitive documents ensures fairness and proportionality. While IPC Section 494 earlier addressed bigamy, the introduction of Section 339 under BNS reflects a modernized and focused approach towards combating forgery and fraud. This section not only protects individuals but also strengthens the integrity of India’s legal, financial, and administrative systems.

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