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BNS, 2023
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BNSChapter XVIIISection 340
Section340

Forged document or electronic record and using it as genuine

AI Assist

Summary

A document or electronic record made wholly or partly by forgery is treated as a forged document or electronic record. If someone fraudulently or dishonestly uses such a document as genuine, knowing or having reason to believe it is forged, they are punished the same as if they had forged it. The offence is cognizable, bailable and triable by a Magistrate of the first class.

Example

Aditya gets a forged employment certificate with falsified signatures and submits it to an employer, believing it to be genuine. Because he used a document he knew or had reason to believe was forged, he can be punished in the same way as if he had forged the certificate himself.

Bare Act

Enacted 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.

BNSS Classification

  • Punishment for forgery of such document.
  • Cognizable
  • Bailable
  • Triable by Magistrate of the first class.
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XVIII

Chapter XVIII

Of Offences Relating To Documents And To Property Marks

In this chapter

  • 335Making a false document
  • 336Forgery
  • 337Forgery of record of Court or of public register, etc
  • 338Forgery of valuable security, will, etc
  • 339Having possession of document described in section 337 or 338, knowing it to be forged and intending to use it as genuine
  • 340Forged document or electronic record and using it as genuine
  • 341Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
  • 342Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
  • 343Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
  • 344Falsification of accounts
  • 345Property mark
  • 346Tampering with property mark with intent to cause injury
  • 347Counterfeiting a property mark
  • 348Making or possession of any instrument for counterfeiting a property mark
  • 349Selling goods marked with a counterfeit property mark
  • 350Making a false mark upon any receptacle containing goods
Previous · Section 339Having possession of document described in section 337 or 338, knowing it to be forged and intending to use it as genuineNext · Section 341Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338