Section 340 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a refined overview of Section 340 of the Bharatiya Nyaya Sanhita (BNS), 2023—part of Chapter XVIII: Offences Relating to Documents & Property Marks:
📜 Section 340 – Use of Forged Document or Electronic Record as Genuine
Definition:
Any false document or electronic record created wholly or in part through forgery is termed a "forged document or electronic record" (devgan.in).
Offence Established:
A person is guilty if they fraudulently or dishonestly use as genuine any such forged document or electronic record, knowing—or having reason to believe—it is forged (devgan.in).
⚖️ Punishment & Procedure
Penalty: Punishable in the same manner as forgery of that document or record (i.e., sentencing equivalent to Section 336/337 BNS forgery offences) (devgan.in).
Classification:
Cognizable: ✅ Yes
Bailable: ✅ Yes
Triable by: Magistrate of the First Class (devgan.in)
🧭 Practical Explanation & Context
This section targets not only creation of forged materials but also their dishonest use—for instance, passing a forged certificate or e-signature as legitimate.
Intent to deceive and knowledge of forgery are central mens rea; mere use without such intent would not qualify.
The provision complements Section 336/337 BNS, strengthening legal recourse against misuse of fraudulent documents (vakilsearch.com, sudhirrao.com).
✅ Summary Table
| Feature | Details |
|---|---|
| Offence | Using forged document/e‑record as genuine |
| Punishment | Same as forging it |
| Cognizable | Yes |
| Bailable | Yes |
| Trial Court | First-Class Magistrate |
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