Section 340 BNS: Forged document or electronic record and using it as genuine

Bharatiya Nyaya Sanhita, 2023

Section 340 BNS at a Glance

Section 340 BNS deals with forged document or electronic record and using it as genuine. It replaced Sections 470 and 471 IPC on 1 July 2024.

Punishment

None. Section 340(1) BNS defines a forged document or electronic record and prescribes no punishment. Substantive offences are punished under Sections 336 to 338 BNS for making, Section 340(2) BNS for using, and Section 339 BNS for possessing.

IPC Equivalent

Section 470 →

Section 340 BNS Bare Act Text

(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.

Source: Section 340, Bharatiya Nyaya Sanhita, 2023

Section 340 BNS in the IPC (Previous Law)

Section 340 BNS replaced Sections 470 and 471 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 340 BNS

What does Section 340(1) BNS cover in simple words?▼

Section 340(1) BNS defines a forged document or electronic record. It provides that any false document or electronic record made wholly or in part by forgery is designated a forged document or electronic record.

Under Section 340(1) BNS, can a person be punished if they only use a fake document?▼

Section 340(1) BNS only defines a forged document or electronic record and prescribes no punishment of its own. However, under Section 340(2) BNS, a person who fraudulently or dishonestly uses a forged document or electronic record as genuine, knowing or having reason to believe it is forged, is punished in the same manner as if they had forged it.

Is Section 340(1) BNS used in property or job fraud cases?▼

Very often, yes. Fake sale deeds, forged certificates, false experience letters, and altered bank papers or electronic files are treated as forged documents or electronic records under Section 340(1) BNS and prosecuted under the relevant forgery and use provisions.

What should I do if I am falsely accused under Section 340(1) BNS?▼

Because Section 340(1) BNS is a definitional provision read with substantive forgery offences such as Section 336 BNS or Section 340(2) BNS, collect all records showing the authenticity of the document or how you received and handled it. Early legal advice is useful because forgery charges turn on whether the record was falsely made and whether there was dishonest or fraudulent intent.

What does Section 340(2) of the BNS punish?▼

Section 340(2) BNS punishes a person who uses a forged document or electronic record as if it were genuine. The person must know, or have reason to believe, that it is forged, and must use it fraudulently or dishonestly.

What has to be proved for using a forged document as genuine under Section 340(2) BNS?▼

It must be shown that the document or electronic record was forged, and that the accused used it as genuine. It must also be shown that the accused knew or had reason to believe it was forged, and that the use was fraudulent or dishonest.

What punishment is given under Section 340(2) of the BNS?▼

The section says the punishment is the same as if the person had forged that document or electronic record. So the punishment depends on the punishment provided for forgery of that particular document or electronic record.

Under Section 340(2) BNS, how is using a forged document different from actually forging it?▼

Forging is about making a false document or electronic record, wholly or partly, by forgery under Section 340(1) BNS. Section 340(2) BNS is different because it applies when someone uses that forged document or electronic record as genuine, knowing or having reason to believe it is forged.

Section 340 BNS: Sub-sections Explained

Section 340(1) BNS: Forged document

▶

Bare Act Text

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

Explained in Simple Words

Section 340(1) of the Bharatiya Nyaya Sanhita (BNS) defines what the law designates as a forged document or electronic record. It states that a false document or electronic record made wholly or in part by forgery is designated a forged document or electronic record. Even if only part of a genuine document or electronic file is falsely made or altered by forgery, the resulting document or record is treated in law as forged.

This sub-section is a definitional provision and does not prescribe a separate punishment of its own. Instead, it supplies the legal meaning of a forged document or electronic record for offences across Chapter XVIII, including possessing certain forged documents under Section 339 BNS and fraudulently or dishonestly using a forged document or electronic record as genuine under Section 340(2) BNS.

Key Ingredients

Punishment

🔒 None. Section 340(1) BNS defines a forged document or electronic record and prescribes no punishment. Substantive offences are punished under Sections 336 to 338 BNS for making, Section 340(2) BNS for using, and Section 339 BNS for possessing.

💰 None. Section 340(1) BNS prescribes no fine.

Section 340(1) BNS defines a forged document or electronic record without prescribing any criminal penalty of its own.

Real-World Example

In Surat, Shalini applied for a job at a private firm. Without any authority from her former employer Anil, she wrote a certificate of experience in his name stating that she had worked under him for three years, and signed it with the name of Anil, intending to induce the firm to employ her. The certificate is a false document under Section 335 BNS, made with intent to cause the firm to enter into a contract for service, so it was made by forgery under Section 336(1) BNS. The certificate is therefore a forged document as defined in Section 340(1) BNS. Section 340(1) BNS prescribes no punishment of its own. Her liability for making the certificate falls under the punishing sections for forgery, and using it as genuine by tendering it to the firm is punishable under Section 340(2) BNS.

When This Does Not Apply

  • A document that is not a false document or false electronic record within the meaning of Section 335 BNS
  • A document prepared without any of the statutory intents specified in Section 336(1) BNS, because an instrument is not made by forgery in the absence of such intent
  • Inadvertent clerical errors or omissions committed without fraudulent or dishonest intent

Previous Law

IPC 470 → Section 340(1) BNS

Section 470 IPC corresponds to Section 340(1) BNS. The definition of a forged document or electronic record is reproduced without change in wording. Section 340(1) BNS consolidates this definition with Section 471 IPC, which punishes using a forged document or electronic record as genuine and becomes Section 340(2) BNS.

Section 340(2) BNS: Forged document or electronic record and using it as genuine

▶

Bare Act Text

(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.

Explained in Simple Words

Section 340(2) of the Bharatiya Nyaya Sanhita (BNS) makes it an offence to use a forged document or electronic record as genuine. It applies to any person who fraudulently or dishonestly uses as genuine any document or electronic record which that person knows or has reason to believe to be a forged document or electronic record.

Under this sub-section, the offender does not receive a separate fixed sentence in the text of Section 340(2) BNS itself, but shall be punished in the same manner as if he had forged such document or electronic record.

Under Section 340(1) BNS, a forged document or electronic record is a false document or electronic record made wholly or in part by forgery. Section 340(2) BNS does not require the accused to have personally created the forgery. It is enough that the person uses the forged document or electronic record as genuine both fraudulently or dishonestly and with knowledge or reason to believe that it is forged.

Key Ingredients

  • The document or electronic record is a forged document or electronic record
  • The accused used that document or electronic record as genuine
  • The use was fraudulent or dishonest
  • The accused knew or had reason to believe it was forged

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 The offender shall be punished with imprisonment in the same manner as if he had forged such document or electronic record.

💰 Fine applies in the same manner as prescribed for forging such document or electronic record.

Fraudulently or dishonestly using as genuine a document or electronic record known or believed with reason to be forged is punishable in the same manner as if the offender had forged that document or electronic record.

Real-World Example

While applying for a shop licence at the municipal office in Coimbatore, Divya emailed a rent agreement along with her application. Earlier, Aditya had altered that agreement and created a false electronic record showing that the tenancy would continue for a longer period, and Divya knew about this change. Even so, she submitted that electronic record and presented it as genuine to support her licence request. Prakash, the property owner, later said he had never signed any such version. These facts fall within Section 340(2) BNS because Divya used a forged electronic record as genuine despite knowing it was forged.

When This Does Not Apply

  • The document is genuine, even if it later helps a false claim
  • The person uses the document believing it to be genuine, with no reason to think it is forged
  • A forged document exists, but the person never uses it as genuine
  • The use is not fraudulent or dishonest

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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 ·