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Introduction of 340 BNS

340 BNS focuses on preventing the fraudulent use of forged documents and electronic records. It defines forged documents as those created wholly or partly through forgery, including falsified contracts, certificates, or digital records. This section ensures that individuals who knowingly use such forged documents as genuine are held accountable. The law aims to uphold the integrity of documentation in both physical and digital forms, ensuring that trust in legal and administrative systems is maintained. This section is crucial in combating forgery and its misuse in various sectors, including legal, financial, and personal domains.


The Bharatiya Nyaya Sanhita (BNS) Section 340 replaces the old Indian Penal Code (IPC) Section 470,471.



What is BNS Section 340 ?

A forged document or electronic record is any false document created partially or fully by forgery. Under BNS Section 340, anyone who knowingly uses a forged document as if it were real will face the same punishment as the person who forged it.


340 BNS : Addresses fraudulent use of forged documents and electronic records.
BNS 340 ensures accountability for using forged documents as genuine..

BNS 340 in Simple Points

1. What is a Forged Document or Electronic Record?

A forged document is created wholly or partly by altering or faking an original document through forgery. This includes fake contracts, identity proofs, or altered certificates. Similarly, electronic records, such as emails or digital contracts, manipulated to appear genuine, also qualify as forged under this section. For instance, a fake digital signature on an online contract can be considered a forged electronic record.

2. Using Forged Documents as Genuine

If someone uses a forged document or electronic record, knowing it is forged, they are treated as if they committed the forgery themselves. This includes actions like submitting a fake degree certificate for a job application or presenting a forged identification document for verification. The law punishes such actions to discourage misuse of altered documents.

3. Punishment for Using Forged Documents

The punishment under BNS Section 340 is equivalent to the penalty for forgery itself. This includes imprisonment and a fine. For example, if someone uses a forged cheque to withdraw money, they could face several years of imprisonment, just like the person who originally forged the cheque.

BNS Section 340 classifies the offence as cognizable, meaning the police can arrest the accused without prior approval from a magistrate. It is also bailable, allowing the accused to secure bail, and non-compoundable, meaning it cannot be settled between the parties without judicial approval. Such classification ensures both deterrence and fairness in legal proceedings.

5. Role of Intent and Knowledge

To convict someone under BNS Section 340, it must be proven that the accused used the document fraudulently or dishonestly, with knowledge or belief that it was forged. For example, if a person unknowingly presents a fake contract, they cannot be held liable. This protects innocent individuals while punishing those with malicious intent.


Section 340 BNS Overview

BNS Section 340 defines a forged document or electronic record as a false document created wholly or partly through forgery. Anyone who uses such a forged document or electronic record as genuine, knowing it to be forged, will face the same punishment as the individual who forged it. This section ensures accountability and prevents misuse of falsified documents and records.

10 Key Points of BNS Section 340

1. Understanding Forged Documents and Records

A forged document is a false representation created through forgery, either partially or entirely. Examples include altered contracts, fake certificates, or manipulated ID cards. Similarly, a forged electronic record includes tampered emails, falsified digital signatures, or fake online agreements.

2. Intention to Use as Genuine

The section targets individuals who fraudulently or dishonestly use forged documents, knowing their false nature. For example, submitting a fake property deed in a court case qualifies as an offence under this section. The intention to deceive is critical for establishing guilt.

3. Punishment Mirrors Forgery

The penalty for using a forged document is equivalent to that for creating it. This means that the offender faces imprisonment, which can vary based on the seriousness of the forgery, and a fine. This equality in punishment discourages the use of falsified records.

4. Applicability to Electronic Records

This section explicitly includes electronic records alongside physical documents. For example, forging an email to claim authorization for a transaction falls under BNS Section 340. The inclusion of electronic records ensures the law remains relevant in the digital age.

5. Fraudulent and Dishonest Use

The law requires proof of fraud or dishonesty. For instance, if someone unknowingly uses a forged passport while traveling, they cannot be punished under this section. The focus is on deliberate misuse.

6. Cognizable Nature of the Offence

This offence is classified as cognizable, allowing police to arrest the accused without prior approval from a magistrate. This ensures swift action in cases where forged documents pose an immediate threat to justice or public order.

7. Bailable and Non-compoundable

The offence is bailable, meaning the accused can seek bail. However, it is non-compoundable, so the matter cannot be settled out of court. This classification balances the need for justice with the rights of the accused.

8. Broad Scope of the Section

BNS Section 340 covers all scenarios where forged documents or records are used, whether for personal gain, legal advantage, or to harm others. This wide applicability ensures comprehensive coverage of fraudulent activities.

9. Responsibility of the User

The section places equal responsibility on the user of the forged document as on its creator. This discourages individuals from misusing forged documents created by others. For example, using a fake invoice for tax evasion is punishable under this law.

10. Protecting Public Trust

By penalizing the use of forged documents, the section upholds trust in legal, financial, and administrative systems. It ensures that genuine documents retain their value and that falsified ones do not undermine societal order.

Examples of BNS Section 340 in Action

Example 1: Submitting a Fake Degree

A person applies for a government job using a fake engineering degree. They know the degree is forged but present it as genuine. Upon discovery, they are charged under BNS Section 340 and face punishment equivalent to forging the degree.

Example 2: Forged Digital Signature

A businessman signs a digital contract using a forged digital signature to claim ownership of a property. Knowing the signature is fake, he still uses it to mislead others. He is liable under BNS Section 340 for using the forged electronic record as genuine.


340 BNS Punishment

BNS Section 340 Punishment

The punishment for using forged documents or electronic records as genuine is the same as that for forgery. This includes imprisonment, which may extend to a specific term based on the document’s nature, and may also involve a fine.

BNS Section 340 Fine

A fine is imposed in addition to imprisonment as part of the punishment for this offence. The exact amount of the fine depends on the severity and circumstances of the case.


340 BNS bailable or non bailable ?

The offence under BNS Section 340 is classified as bailable, meaning the accused has the right to seek bail from the court. However, the trial is conducted by a Magistrate of the first class. While bail is generally granted, the seriousness of the offence and the potential impact of the forgery are also considered when deciding bail conditions.


Bharatiya Nyaya Sanhita Section 340

PointsDetails
OffenceUsing a forged document or electronic record as genuine while knowing it is forged.
PunishmentSame as for forgery, which may include imprisonment and fine.
Bailable/Non-BailableBailable – The accused has the right to seek bail from the court.
Cognizable/Non-CognizableCognizable – Police have the authority to register an FIR and investigate without prior approval.
Trial ByMagistrate of the first class.

BNS Section 340 FAQs

What is BNS Section 340 about?

What is the punishment under BNS Section 340?

The punishment for an offence under BNS Section 340 includes imprisonment, which may vary based on the nature of forgery, and a fine, depending on the case’s severity.

Is the offence under BNS Section 340 bailable?

Who tries cases under BNS Section 340?

Is the offence under BNS Section 340 cognizable?


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