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Section 339 — Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
339
339
Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
Bharatiya Nyaya Sanhita, 2023
Chapter XVIII Of Offences Relating to Documents and to Property Marks
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsForgeryPossession Of Forged DocumentsFraudFinancial Crime
🗣️ Simple Explanation
What does this law say?
Section 339 of the BNS addresses possessing forged documents. If you have a forged document (like those in Sections 337 or 338) and plan to use it as real, you are breaking the law. This section does not replace any previous IPC section.
Why does this law exist?
This law prevents the use of fake documents. It protects against fraud and maintains trust in official and financial documents. It ensures that people do not benefit from forged items.
Real-life impact
Imagine someone has a fake Aadhaar card and tries to use it. Or, someone possesses a forged will. This law prevents the misuse of such documents.
What happens if you break this law?
The punishment depends on the type of forged document. If it's a document from Section 337, you could face up to seven years in jail. If it's from Section 338, you could face life imprisonment or up to seven years. You will also have to pay a fine. Police can arrest without warrant.
⚖️ Punishment
Imprisonment for life or up to seven years, or fine.
💡 Real Life Example
Amit has a fake birth certificate and tries to use it to get a passport. He is breaking the law. He could face up to seven years in jail and a fine.
Sneha has a forged will and tries to claim property. She is committing a serious crime. She could face life imprisonment and a fine.
🛡️ KNOW YOUR RIGHTS
- •Contact a lawyer immediately if accused.
- •Do not use any document you suspect is forged.
- •Report the possession of forged documents to the police.
- •You have the right to remain silent.
- •Seek legal aid if you cannot afford a lawyer.
❓ FREQUENTLY ASKED QUESTIONS
Section 339 of the BNS deals with possessing forged documents and intending to use them as genuine. The law covers documents mentioned in Sections 337 and 338. The law aims to prevent the use of fake documents and protect against fraud. It ensures that people do not benefit from forged items.
The punishment depends on the type of forged document. If it's a document from Section 337, you could face up to seven years in jail. If it's from Section 338, you could face life imprisonment or up to seven years. You will also have to pay a fine. The police can arrest you without a warrant.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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