(1) A false document or electronic record made wholly or in part by forgery is designated a forged document or electronic record.
(2) Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record.
Simplified Explanation
Section 340 of the Bharatiya Nyaya Sanhita 2023 deals with the use of forged documents or electronic records. The section criminalizes the act of using a forged document or electronic record as if it were genuine, knowing or having reason to believe that the document is forged.
Key Provisions of Section 340:
(1) Definition of Forged Document or Electronic Record:
- A forged document or electronic record is any document or record that has been wholly or partly made by forgery.
- This includes documents or records that have been illegally created or altered to deceive or defraud.
(2) Punishment for Using Forged Document or Electronic Record:
- The section specifies that whoever fraudulently or dishonestly uses a forged document or electronic record (knowing or having reason to believe it is forged) will face the same punishment as if they had actually forged the document or electronic record themselves.
- The punishment for this offense is equivalent to the punishment for forgery itself, which typically involves:
- Imprisonment, either rigorous or simple, for a term that may extend to two years or more, depending on the circumstances.
- A fine, in addition to or instead of imprisonment.
Summary:
Section 340 makes it clear that using a forged document or electronic record (even if you are not the one who created it) with the intent to deceive or defraud is treated as seriously as committing the act of forgery itself. The key element is knowledge or reason to believe that the document is forged.
Therefore, individuals who use forged documents or records (for financial, legal, or personal gain) will be held accountable with severe penalties, similar to those for the forgery offense, including imprisonment and fines. This ensures that both creating and using forged documents are equally punishable offenses under the law.
