KembaraXtra - Bharatiya Nyaya Sanhita - Section 339: Having Possession of Forged Document or Electronic Record Described in Sections 337 or 338, Knowing it to be Forged and Intending to Use it as Genuine



Q1. What does Section 339 of the Bharatiya Nyaya Sanhita provide?

Answer:

Section 339 of the Bharatiya Nyaya Sanhita, 2023 (BNS) makes it an offence for a person to possess a forged document or electronic record, knowing that it is forged and intending that it should be fraudulently or dishonestly used as genuine.

The section criminalises possession coupled with guilty knowledge and intention, even if the forged document has not yet been used.

The punishment depends upon whether the forged document belongs to the category described under:

• Section 337, or
• Section 338 of the Bharatiya Nyaya Sanhita.

Thus, Section 339 is a preventive provision aimed at stopping forgery before forged documents are actually put into circulation.

Example / Application:

A person knowingly keeps forged Government certificates in his office intending to submit them for obtaining government employment. Even before using the certificates, he commits an offence under Section 339.

Q2. What is the object of Section 339?

Answer:

The principal object of Section 339 is to prevent the circulation and future use of forged documents.

A forged document becomes dangerous not only when it is used but also when it is intentionally kept for future fraudulent use.

The section therefore seeks to:

• Prevent forgery at an early stage.
• Protect public confidence in documents.
• Safeguard Government records.
• Protect valuable legal documents.
• Prevent commercial fraud.
• Discourage preparation for future fraudulent transactions.

By punishing possession with the required criminal intention, the law enables authorities to intervene before actual deception occurs.

Example / Application:

A person stores forged land records intending to use them later in court proceedings. Section 339 makes such possession punishable.

Q3. Which provision of the Indian Penal Code corresponds to Section 339 of the Bharatiya Nyaya Sanhita?

Answer:

Section 339 of the Bharatiya Nyaya Sanhita, 2023 corresponds to Section 474 of the Indian Penal Code, 1860.

The language of the provision has been substantially retained.

The principal changes are:

• References to Sections 466 and 467 IPC have been replaced with Sections 337 and 338 BNS.
• The expression "Code" has been replaced with "Sanhita."

Accordingly, judicial interpretations of Section 474 IPC continue to be useful while interpreting Section 339 BNS.

Q4. What are the essential ingredients of the offence under Section 339?

Answer:

To establish an offence under Section 339, the prosecution must prove the following essential ingredients:

First Ingredient – Possession

The accused must have possession of:

• A document; or
• An electronic record.

Second Ingredient – Forged Nature

The document or electronic record must be forged.

Third Ingredient – Knowledge

The accused must know that the document or electronic record is forged.

Fourth Ingredient – Intention

The accused must intend that the forged document be used:

• Fraudulently; or
• Dishonestly;

as though it were genuine.

Example / Application:

A person knowingly keeps forged passport documents intending to use them for overseas travel. All the ingredients of Section 339 are satisfied.

Q5. Is mere possession sufficient to constitute the offence?

Answer:

No.

Mere physical possession of a forged document is not sufficient.

The prosecution must additionally establish:

• Knowledge that the document is forged; and
• Intention to use it fraudulently or dishonestly as genuine.

Thus, innocent possession without guilty knowledge does not attract Section 339.

Example / Application:

A courier unknowingly transports a parcel containing forged certificates. Since he has neither knowledge nor fraudulent intention, Section 339 would ordinarily not apply.

Q6. Why is knowledge an essential requirement under Section 339?

Answer:

Knowledge distinguishes innocent possession from criminal possession.

The prosecution must prove that the accused:

• Actually knew the document was forged; or
• Was aware of circumstances clearly indicating that it was forged.

Without such knowledge, criminal liability under Section 339 ordinarily cannot arise.

Example / Application:

A person purchases what he honestly believes to be an original educational certificate from an authorised institution. If the certificate later turns out to be forged, he is not liable unless knowledge is established.

Q7. Why is intention to use the forged document important?

Answer:

Section 339 punishes possession only when the accused intends that the forged document shall be:

• Fraudulently used; or
• Dishonestly used;

as genuine.

Possession without such intention is insufficient.

The intention may relate to future use.

The prosecution need not prove that the document has already been used.

Example / Application:

A person stores forged share certificates intending to pledge them before a bank in the future. The offence is complete even before the certificates are presented.

Q8. Does Section 339 apply to electronic records?

Answer:

Yes.

The Bharatiya Nyaya Sanhita expressly extends the provision to electronic records.

Accordingly, the section applies to forged:

• Digital certificates.
• Electronic licences.
• Electronic contracts.
• Digital Government records.
• Electronic financial records.
• Other electronic documents recognised by law.

This reflects the increasing use of electronic documentation in modern governance and commerce.

Example /Application:

A person knowingly stores forged digital land records intending to upload them before a revenue authority. Section 339 applies.

Q9. How does Section 339 distinguish between documents under Sections 337 and 338?

Answer:

Section 339 prescribes different punishments depending upon the nature of the forged document.

Documents described in Section 337

These relate to important public and official documents protected under Section 337.

Possession with the required knowledge and intention attracts imprisonment up to seven years and fine.

Documents described in Section 338

These include particularly valuable documents such as valuable securities, wills, and other documents affecting significant legal rights.

Because these documents are more important, the law prescribes a more severe punishment, including life imprisonment.

Example / Application:

Possessing a forged court record may attract punishment under the first category, whereas possessing a forged will intended for fraudulent use falls within the second category.

Q10. Is actual use of the forged document necessary?

Answer:

No.

Actual use is not necessary.

The offence is complete when the accused:

• Possesses the forged document;
• Knows that it is forged; and
• Intends to use it fraudulently or dishonestly as genuine.

The law intervenes before the forged document enters circulation.

Example / Application:

Police recover forged title deeds from a person's residence before they are presented before any authority. Section 339 is nevertheless attracted.

Q11. How does Section 339 differ from Section 340?

Answer:

Although both sections deal with forged documents, they punish different stages of criminal conduct.

Section 339

Punishes:

• Possession of forged documents.
• Knowledge that the documents are forged.
• Intention to use them fraudulently or dishonestly in the future.

Actual use is unnecessary.

Section 340(2)

Punishes:

• Fraudulent or dishonest use of forged documents as genuine.

Thus, Section 339 deals with preparatory possession, whereas Section 340 deals with actual use.

Example / Application:

A person who keeps forged Government certificates for future use commits an offence under Section 339. When he later submits those certificates before an authority, he also commits an offence under Section 340(2).

Q12. What is the punishment under Section 339?

Answer:

Where the forged document is one described in Section 337

Punishment:

• Imprisonment of either description for a term which may extend to seven years; and
• Fine.

Classification

• Cognizable.
• Bailable.
• Triable by a Magistrate of the First Class.

Where the forged document is one described in Section 338

Punishment:

• Imprisonment for life; or
• Imprisonment of either description for a term which may extend to seven years; and
• Fine.

Classification

• Non-cognizable.
• Bailable.
• Triable by a Magistrate of the First Class.

Example / Application:

A person possessing a forged valuable security with the intention of using it to obtain money may face life imprisonment or imprisonment up to seven years along with fine.

Q13. Why is Section 339 important?

Answer:

Section 339 is an important preventive provision in the law of forgery.

It protects:

• Government departments.
• Courts.
• Financial institutions.
• Property transactions.
• Commercial organisations.
• Digital governance systems.
• Members of the public.

By punishing possession before actual use, the provision prevents forged documents from entering legal and commercial circulation.

The inclusion of electronic records ensures that the law remains effective in the digital age.

Example / Application:

A cybercriminal stores forged electronic tax certificates intending to upload them for obtaining fraudulent tax refunds. Section 339 enables prosecution even before the certificates are used.

Key Provisions (Study Notes)

Section 339

Punishes any person who:

• Possesses a forged document or electronic record.
• Knows that it is forged.
• Intends to use it fraudulently or dishonestly as genuine.

Essential Ingredients

• Possession.
• Forged document or electronic record.
• Knowledge that it is forged.
• Intention to use it as genuine fraudulently or dishonestly.

Documents Covered

• Documents described under Section 337.
• Documents described under Section 338.
• Electronic records corresponding to those categories.

Corresponding IPC Provision

• Equivalent to Section 474 of the Indian Penal Code, 1860.
• References to Sections 466 and 467 IPC have been replaced with Sections 337 and 338 BNS.
• The expression "Code" has been replaced with "Sanhita."

Important Legal Principles

• Mere possession is insufficient.
• Knowledge that the document is forged is essential.
• Intention to use the forged document as genuine is essential.
• Actual use of the document is not necessary.
• Electronic records receive the same protection as physical documents.

Punishment

For documents under Section 337

• Imprisonment up to 7 years; and
• Fine.

Classification

• Cognizable.
• Bailable.
• Triable by a Magistrate of the First Class.

For documents under Section 338

• Imprisonment for life; or
• Imprisonment up to 7 years; and
• Fine.

Classification

• Non-cognizable.
• Bailable.
• Triable by a Magistrate of the First Class.

Key Takeaway

Section 339 of the Bharatiya Nyaya Sanhita, 2023 criminalises the knowing possession of forged documents or electronic records with the intention of using them fraudulently or dishonestly as genuine. The provision is preventive in nature, enabling legal action before forged documents are actually used. By requiring possession, knowledge of forgery, and fraudulent or dishonest intention, the section distinguishes criminal conduct from innocent possession. It also prescribes graded punishments depending upon whether the forged document falls within Section 337 or the more serious category under Section 338, thereby protecting both physical documents and electronic records that affect public administration, commercial dealings, and valuable legal rights.