Section 339 BNS: 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

Section 339 BNS at a Glance

Section 339 BNS deals with having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine. It is bailable, triable by Magistrate of the first class; it replaced Section 474 IPC on 1 July 2024.

Punishment

For a document or electronic record described in Section 337 BNS, imprisonment of either description for a term which may extend to seven years. For a document described in Section 338 BNS, imprisonment for life, or imprisonment of either description for a term which may extend to seven years.

Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 474 →

Section 339 BNS Bare Act Text

339. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine

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.

Source: Section 339, Bharatiya Nyaya Sanhita, 2023

Section 339 BNS in Simple Words

Section 339 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a person who is in possession of a forged document or electronic record of the description mentioned in Section 337 BNS or a document mentioned in Section 338 BNS, knowing that it is forged and intending that it shall fraudulently or dishonestly be used as genuine. The law does not wait for the document to be actually used. The offence is complete when possession, knowledge that it is forged, and dishonest or fraudulent intent to use it as genuine are all present.

This section applies where someone holds a forged document covered by Section 337 BNS or Section 338 BNS, such as a fake court record, Government identity card, public register, will, or valuable security, and plans to rely on it as if it were real. The key point is knowledge that the document is forged. If a person unknowingly has a forged paper, this section will not apply.

In practice, this provision helps police and courts act before the forged document is used to cheat another person or obtain an unlawful benefit. It is often seen along with other forgery-related offences when the facts show preparation for fraud.

Ingredients of Section 339 BNS

  • Having in possession any document or electronic record, knowing it to be forged
  • Intending that the document or electronic record shall fraudulently or dishonestly be used as genuine
  • The instrument is of a description mentioned in Section 337 BNS or Section 338 BNS

Punishment Under Section 339 BNS

Imprisonment

For a document or electronic record described in Section 337 BNS, imprisonment of either description for a term which may extend to seven years. For a document described in Section 338 BNS, imprisonment for life, or imprisonment of either description for a term which may extend to seven years.

Fine

The offender is also liable to fine in both cases. The statute does not prescribe a mandatory fine or fix a maximum amount.

Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
  • Cognizable: Cognizable when the document is one described in Section 466 IPC; non-cognizable when described in Section 467 IPC

Section 339 BNS carries imprisonment up to seven years for a Section 337 BNS document or electronic record, or imprisonment for life or up to seven years for a Section 338 BNS document, and the offender is also liable to fine.

Example of Section 339 BNS

In Vijayawada, police searched the commercial office of Aditya and recovered an extract of a municipal birth register containing an altered date of birth, which Aditya intended to submit to qualify for a statutory civil post. Aditya admitted that he knew the extract had been fabricated by an unauthorized person. A birth register extract is a document described in Section 337 BNS. Aditya possessed the forged register extract knowing it to be forged and intending that it should be dishonestly used as genuine. Aditya is punishable under Section 339 BNS with imprisonment of either description for up to seven years, and he is also liable to fine, even before the record was tendered to the selection board.

When Section 339 BNS Does Not Apply

  • Possessing a forged document without knowing that it is forged
  • Possessing a forged document, knowing it to be forged, but without any intention that it should fraudulently or dishonestly be used as genuine
  • Possessing a forged document that is not of a description specified in Section 337 BNS or Section 338 BNS, such as an ordinary private letter

Section 339 BNS in the IPC (Previous Law)

Section 339 BNS replaces Section 474 IPC from the old criminal code.

Section 474 IPC corresponds to Section 339 BNS. The statutory wording and prescribed punishments of imprisonment up to seven years for court records and public registers, and imprisonment for life or imprisonment up to seven years for valuable securities and wills, remain unchanged. In Section 339 BNS, references to Section 466 IPC and Section 467 IPC are replaced by Section 337 BNS and Section 338 BNS respectively. Because Section 337 BNS expressly covers government identity cards such as voter cards and Aadhaar Cards, possessing such a forged identity card now falls within the seven-year limb of Section 339 BNS.

View IPC Section 474 →

FAQs on Section 339 BNS

Under Section 339 BNS, do police need to prove that I actually used the forged document?▼

No. Actual use is not necessary. If the prosecution proves that you knowingly possessed the forged document and intended to use it as genuine, the offence can be made out.

Under Section 339 BNS, what if I did not know the document was forged?▼

Knowledge is a key ingredient. If you genuinely did not know that the document was forged, this section does not apply. The facts and surrounding circumstances will matter a lot.

Is the offence under Section 339 BNS bailable?▼

Yes, an offence under Section 339 BNS is bailable. For documents covered by Section 337 BNS it is cognizable and bailable, while for documents covered by Section 338 BNS it is non-cognizable and bailable.

How is Section 339 BNS different from other forgery offences?▼

This section focuses on possession with intent to use a forged document as genuine. Other sections may deal with making the forged document, using it, or cheating through it. So the police can proceed even before actual use takes place.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·