BNS Section 339 – Having possession of document described in section 335 or 336, knowing it to be forged and intending to use it as genuine
The Indian Penal Code (IPC) Section – 474
Understanding BNS Section 339: Possession of a Forged Document with Intent to Use
What is the Offence?
If a person has a document or an electronic record that is forged (fake), and they know it is fake, but still plan to use it as if it were real, they are committing a crime under Section 339.
There are two situations:
- If the document is described under Section 335: The punishment will be up to 7 years in jail, and the person may also have to pay a fine.
- If the document is described under Section 336: The punishment can be life imprisonment or up to 7 years in jail, along with a fine.
Key Points in Simple Terms
| Aspect | Details |
|---|---|
| Offence | Having a forged document, knowing it is fake, and planning to use it as real. |
| Punishment (Section 335) | Up to 7 years in jail + fine. |
| Punishment (Section 336) | Life imprisonment or up to 7 years in jail + fine. |
| Cognizable or Not | Cognizable (police can arrest without a warrant). |
| Bailable or Not | Bailable (accused can get bail). |
| Court for Trial | Magistrate of the first class. |
Examples to Understand Better
- Example 1: If someone has a fake property paper (described under Section 335) and plans to sell the property using that fake paper, they can be punished with up to 7 years in jail and a fine.
- Example 2: If someone has a fake passport (described under Section 336) and plans to travel using it, they can face life imprisonment or up to 7 years in jail, along with a fine.
Why is This Law Important?
This law is made to stop people from using fake documents to cheat others. Using forged documents can harm individuals, businesses, and even the government. That’s why the punishment is strict.
Frequently Asked Questions (FAQs)
- What if someone has a fake document but doesn’t plan to use it?
If there is no intention to use the document as real, it may not be a crime under this section. But having a fake document can still lead to other legal problems. - Is this crime bailable?
Yes, it is bailable, meaning the accused can apply for bail. - Who can investigate this crime?
The police can investigate without needing a warrant because it is a cognizable offence.
Conclusion
BNS Section 339 is a serious law to punish those who keep fake documents and plan to use them to cheat others. The punishment can be up to 7 years in jail or even life imprisonment, depending on the type of document. Always ensure that any document you use is genuine to avoid legal trouble.
