Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 337 of this Sanhita, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 338, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Simplified Explanation
Section 339 of the Bharatiya Nyaya Sanhita 2023 addresses the offense of possessing forged documents or electronic records with the intent to use them fraudulently or dishonestly as genuine. This section applies to individuals who possess forged documents or records that fall under the categories outlined in Sections 337 and 338 of the Bharatiya Nyaya Sanhita.
Key Provisions of Section 339:
(1) Possessing Forged Documents or Electronic Records:
This section criminalizes the act of possessing a forged document or electronic record, where the individual knows the document is forged and intends to use it as if it were genuine. Specifically, this provision targets:
- Forged documents described in Section 337: These include documents like court records, public registers, identity documents (e.g., voter IDs, Aadhaar cards), or official certificates made by public servants.
- Forged documents described in Section 338: These include documents like valuable securities, wills, powers of attorney, receipts, and other documents with significant legal or financial implications.
(2) Punishment for Possessing Forged Documents:
- For Documents under Section 337 (e.g., court records, public registers): The individual will face imprisonment for a term that may extend to seven years and a fine.
- For Documents under Section 338 (e.g., valuable securities, wills, powers of attorney): The punishment is more severe, with the individual facing life imprisonment or imprisonment for a term that may extend to seven years, along with a fine.
Summary:
Section 339 targets individuals who:
- Knowingly possess forged documents or electronic records (from Sections 337 or 338).
- Intend to use these forged documents or records as genuine, with the intent to defraud, deceive, or commit any illegal act.
The penalties are severe, with those possessing forged court documents or public records facing up to seven years of imprisonment, and those possessing forged valuable securities, wills, or other similar documents facing life imprisonment or up to seven years of imprisonment, along with a fine. This section highlights the seriousness of not just creating or forging important documents, but also the criminality of possessing and attempting to use them for fraudulent purposes.
