Bharatiya Nyaya Sanhita, 2023

Section 340 BNS: Forged Document or Electronic Record and Using It as Genuine

Section 340 of the Bharatiya Nyaya Sanhita, 2023 defines a forged document or electronic record and punishes fraudulent or dishonest use of such a forged item as genuine where the user knows, or has reason to believe, that it is forged.

Important punishment rule: Section 340(2) does not provide one fixed term of imprisonment. The person is punished in the same manner as if he had forged the particular document or electronic record. The applicable punishment therefore depends on the underlying forgery provision.

Section 340(1) - What Is a Forged Document or Electronic Record?

A false document or electronic record made wholly or in part by forgery is designated a forged document or electronic record.

This definition links Section 340 to Section 335 BNS, which explains making a false document or false electronic record, and Section 336 BNS, which defines forgery.

Section 340(2) - Fraudulently or Dishonestly Using It as Genuine

A person is punishable under Section 340(2) if he fraudulently or dishonestly uses as genuine a document or electronic record which he knows, or has reason to believe, is forged.

The statutory mental element is therefore important. The provision requires more than the mere existence or possession of a forged item: there must be fraudulent or dishonest use as genuine, together with knowledge or reason to believe that the item is forged.

Essential Ingredients of Section 340(2) BNS

  1. there must be a document or electronic record;
  2. it must be forged within the meaning of Section 340(1);
  3. the accused must use it as genuine;
  4. the use must be fraudulent or dishonest; and
  5. the accused must know, or have reason to believe, that the document or electronic record is forged.

How Punishment Under Section 340(2) Is Determined

Section 340(2) states that the offender shall be punished in the same manner as if he had forged the document or electronic record. The punishment therefore follows the provision that would apply to the forgery of that particular item.

Underlying forged item Relevant BNS provision Illustrative punishment framework
Ordinary forged document or electronic record Section 336 Depends on the applicable sub-section of Section 336
Court record, public register, Government identity document or specified official document Section 337 Up to 7 years and fine
Valuable security, will or other instrument specified in Section 338 Section 338 Life imprisonment, or imprisonment up to 10 years, and fine

Cognizability, Bail and Trial Court

Provision Punishment Cognizable Bailable Trial court
Section 340(2) Punishment for forgery of the particular document or electronic record Yes Yes Magistrate of the first class

The BNSS First Schedule classifies Section 340(2) itself as cognizable and bailable and assigns trial to a Magistrate of the first class, while the term of punishment is tied to the forgery of the particular document.

Difference Between Section 339 and Section 340 BNS

Section 339 BNS deals with possession of specified forged documents under Sections 337 or 338, coupled with knowledge of forgery and intent that the item be fraudulently or dishonestly used as genuine.

Section 340(2), by contrast, focuses on the actual fraudulent or dishonest use as genuine of a forged document or electronic record, where the user knows or has reason to believe that it is forged.

Official Legal Sources

For authoritative statutory wording and procedural classification, consult the official India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.

Frequently Asked Questions

What is a forged document under Section 340(1)?

A false document or electronic record made wholly or in part by forgery is a forged document or electronic record.

What does Section 340(2) punish?

It punishes fraudulent or dishonest use as genuine of a document or electronic record that the user knows, or has reason to believe, is forged.

What is the punishment under Section 340(2)?

The punishment is the same as if the accused had forged that particular document or electronic record. The exact punishment therefore depends on the applicable forgery provision.

Is Section 340(2) bailable?

Yes. The BNSS First Schedule classifies it as bailable.

Is Section 340(2) cognizable?

Yes. It is classified as cognizable.

This page provides general legal information. The punishment under Section 340(2) depends on the type of forged document or electronic record and the forgery provision that would apply to its making.