KembaraXtra - Bharatiya Nyaya Sanhita - Section 340: Forged Document or Electronic Record and Using it as Genuine



Q1. What does Section 340 of the Bharatiya Nyaya Sanhita provide?

Answer:

Section 340 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines what constitutes a forged document or electronic record and makes it an offence to fraudulently or dishonestly use such a forged document or electronic record as genuine.

The section consists of two parts:

• Section 340(1) defines a forged document or electronic record.
• Section 340(2) punishes any person who knowingly uses such a forged document or electronic record as if it were genuine.

The provision recognises that not only the person who creates a forged document but also the person who knowingly relies upon or circulates it may cause serious harm to individuals, businesses, and public authorities.

Example / Application:

A person knowingly submits a forged university degree certificate while applying for a government job. Even if he did not prepare the forged certificate himself, he commits an offence under Section 340(2).

Q2. What is the object of Section 340?

Answer:

The principal object of Section 340 is to protect the authenticity and reliability of documents and electronic records.

Forgery undermines confidence in:

• Government records.
• Judicial proceedings.
• Commercial transactions.
• Educational qualifications.
• Financial documents.
• Property records.
• Digital records.

The law therefore punishes not only the maker of forged documents but also those who knowingly use them as genuine.

The provision seeks to:

• Preserve public confidence in documentary evidence.
• Prevent fraud and deception.
• Discourage circulation of forged documents.
• Protect legal and commercial transactions.
• Ensure the authenticity of electronic records.

Example / Application:

A person knowingly presents a forged sale deed before a registration authority to claim ownership of land. Section 340(2) makes such conduct punishable.

Q3. Which provisions of the Indian Penal Code correspond to Section 340 of the Bharatiya Nyaya Sanhita?

Answer:

Section 340 of the Bharatiya Nyaya Sanhita, 2023 corresponds to:

• Section 340(1) → Section 470 of the Indian Penal Code, 1860.
• Section 340(2) → Section 471 of the Indian Penal Code, 1860.

The language of both provisions has been retained without any substantive change.

Accordingly, judicial decisions interpreting Sections 470 and 471 IPC continue to be relevant while interpreting Section 340 of the Bharatiya Nyaya Sanhita.

Q4. What is a forged document or electronic record under Section 340(1)?

Answer:

Section 340(1) provides that:

A false document or electronic record made wholly or partly by forgery is called a forged document or electronic record.

Thus, a document becomes a forged document when:

• It is a false document or false electronic record; and
• It has been created wholly or partly through forgery.

The definition covers:

• Complete forged documents.
• Documents partially altered by forgery.
• Forged electronic records.

Example / Application:

A person alters only the amount mentioned in a genuine cheque. Although only part of the document has been forged, it becomes a forged document under Section 340(1).

Q5. What is meant by a "false document or electronic record"?

Answer:

A false document or electronic record is one that has been created, altered, signed, executed, or manipulated dishonestly or fraudulently so as to deceive others regarding its authenticity.

The detailed circumstances under which a document becomes false are explained under the provisions relating to the making of a false document.

Once such a false document is produced through forgery, it becomes a forged document within the meaning of Section 340(1).

Example / Application:

An individual digitally alters a Government licence by changing its expiry date. The manipulated licence becomes a forged electronic record.

Q6. What offence is created under Section 340(2)?

Answer:

Section 340(2) makes it an offence to:

• Fraudulently; or
• Dishonestly;

use as genuine any:

• Forged document; or
• Forged electronic record,

knowing or having reason to believe that it is forged.

Thus, the offence is complete even if the accused did not personally forge the document.

The law treats the dishonest user of a forged document almost in the same manner as the actual forger.

Example / Application:

A purchaser knowingly produces a forged property title document before a bank to obtain a loan. He commits an offence under Section 340(2).

Q7. What are the essential ingredients of the offence under Section 340(2)?

Answer:

To establish an offence under Section 340(2), the prosecution must prove the following:

First Ingredient – Existence of a Forged Document or Electronic Record

The document must be forged.

Second Ingredient – Use as Genuine

The accused must use the forged document as if it were genuine.

Third Ingredient – Fraudulent or Dishonest Intention

The use must be fraudulent or dishonest.

Fourth Ingredient – Knowledge or Reason to Believe

The accused must:

• Know; or
• Have reason to believe

that the document or electronic record is forged.

Example / Application:

A person knowingly submits a forged income certificate to obtain a government subsidy. All the ingredients of Section 340(2) are satisfied.

Q8. What is meant by "using as genuine"?

Answer:

"Using as genuine" means presenting, producing, relying upon, or dealing with a forged document in a manner intended to make others believe that it is authentic.

The document may be used:

• Before a court.
• Before a Government department.
• Before a bank.
• During a commercial transaction.
• Before an educational institution.
• During recruitment.
• In any legal proceeding.

The offence is committed even though the accused is not the author of the forgery.

Example / Application:

An employee knowingly submits a forged medical certificate to obtain paid leave. He uses the forged document as genuine.

Q9. Is it necessary that the accused himself forged the document?

Answer:

No.

Section 340(2) specifically punishes a person who uses a forged document as genuine.

The prosecution is not required to prove that the accused himself prepared the forged document.

The offence focuses upon the fraudulent use of the document rather than its creation.

Example / Application:

A person purchases a forged passport from another individual and knowingly uses it for international travel. He is liable under Section 340(2) even though someone else prepared the passport.

Q10. Why is knowledge important under Section 340(2)?

Answer:

Knowledge is the most important mental element under Section 340(2).

The prosecution must establish that the accused:

• Actually knew the document was forged; or
• Had sufficient circumstances giving him reason to believe that it was forged.

An innocent person who genuinely believes the document to be authentic ordinarily does not incur criminal liability.

Example / Application:

A student unknowingly submits a forged certificate supplied by a fraudulent agent, believing it to be genuine. Unless knowledge or reason to believe is established, Section 340(2) may not apply.

Q11. What is the punishment under Section 340(2)?

Answer:

A person convicted under Section 340(2) is punishable in the same manner as if he had himself forged the document or electronic record.

Accordingly, the punishment depends upon the nature of the forgery committed under the relevant provisions of the Bharatiya Nyaya Sanhita.

Classification

The offence under Section 340(2) is:

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

Example / Application:

A person knowingly uses a forged valuable security. He receives the same punishment as the person who forged that valuable security.

Q12. How does Section 340 differ from the offence of forgery?

Answer:

Forgery and the use of a forged document are distinct offences.

Forgery

• Involves making or creating a false document or electronic record.
• The offence is complete when the forged document is prepared with the required intention.

Section 340(2)

• Applies to a person who knowingly uses the forged document as genuine.
• The user need not be the maker of the forged document.

Accordingly, different persons may be separately prosecuted for forging and for using the same forged document.

Example / Application:

One person prepares a forged educational certificate, while another knowingly submits it to secure employment. The first is liable for forgery, while the second is liable under Section 340(2).

Q13. Why is Section 340 important?

Answer:

Section 340 plays a vital role in maintaining the credibility of documentary and electronic evidence.

It protects:

• Government departments.
• Courts.
• Banks.
• Educational institutions.
• Financial institutions.
• Employers.
• Commercial organisations.
• Members of the public.

The inclusion of electronic records reflects the increasing importance of digital documentation and electronic governance.

By punishing both forgers and those who knowingly use forged documents, the provision discourages the circulation and acceptance of forged documents in society.

Example / Application:

A forged electronic land record submitted before a revenue authority may affect ownership rights. Section 340 punishes the person who knowingly relies upon such forged records.

Key Provisions (Study Notes)

Section 340(1)

Defines a forged document or electronic record.

A false document or electronic record made wholly or partly by forgery becomes a forged document or electronic record.

Section 340(2)

Punishes any person who:

• Fraudulently or dishonestly;
• Uses as genuine;
• A forged document or electronic record;
• Knowing or having reason to believe that it is forged.

The offender receives the same punishment as the actual forger.

Corresponding IPC Provisions

• Section 340(1) corresponds to Section 470 IPC.
• Section 340(2) corresponds to Section 471 IPC.
• The language remains unchanged under the Bharatiya Nyaya Sanhita.

Essential Ingredients

• Existence of a forged document or electronic record.
• Fraudulent or dishonest use.
• Use as genuine.
• Knowledge or reason to believe that the document is forged.

Important Legal Principles

• The accused need not have prepared the forged document.
• Knowledge or reason to believe is essential.
• Electronic records receive the same protection as physical documents.
• The punishment is the same as that prescribed for the corresponding forgery offence.

Classification

• Section 340(2):
• Cognizable.
• Bailable.
• Triable by a Magistrate of the First Class.

Key Takeaway

Section 340 of the Bharatiya Nyaya Sanhita, 2023 defines a forged document or electronic record and criminalises its fraudulent or dishonest use as genuine. The provision recognises that the circulation and use of forged documents can be as harmful as their creation. Accordingly, any person who knowingly or with reason to believe uses a forged document or electronic record as authentic is punishable in the same manner as the actual forger. By extending equal protection to physical documents and electronic records, Section 340 strengthens the integrity of legal, commercial, governmental, and digital transactions while preserving public confidence in documentary evidence.