Bharatiya Nyaya Sanhita, 2023

BNS 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

In one line

BNS Section 339 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 and replaces IPC 474.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
339Having possession of a document, knowing it to be forged, with intent to use it as genuine; if the document is one of the description mentioned in section 337.Imprisonment for 7 years and fine.Cognizable.Bailable.Magistrate of the first class.
339If the document is one of the description mentioned in section 338.Imprisonment for life, or imprisonment for 7 years and fine.Non-cognizable.Bailable.Magistrate of the first class.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 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.

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.

Frequently asked

What was BNS Section 339 in the IPC?

BNS 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) replaces Section 474 of the Indian Penal Code, 1860. IPC 474 is now BNS 339.

What is the punishment under BNS 339?

Having possession of a document, knowing it to be forged, with intent to use it as genuine; if the document is one of the description mentioned in section 337 – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.

Is BNS 339 bailable?

Bailable: BNS 339, 339. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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