Bharatiya Nyaya Sanhita 2023
Section 339 :
Having possession of document described in section 337 or 338, knowing it to be forged and intending to use it as genuine :
(See section 474 of IPC 1860)
Section : 339
Classification of Offence:
Offence : 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 of the Bhartiya Nyaya Sanhita.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
———
Offence : If the document is one of the description mentioned in section 338 of the Bhartiya Nyaya Sanhita.
Punishment : Imprisonment for life, or imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
———
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.
Indian Penal Code 1860 (IPC 1860)
Section 474 :
Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine:
(See section 339 of BNS 2023)
Classification of Offence:
Offence: 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 466 of the Indian Penal Code.
Punishment : Imprisonment for 7 years and fine
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.(State Amendment, Madhya Pradesh : Court of Session )
————
Offence : If the document is one of the description mentioned in section 467 of the Indian Penal Code.
Punishment : Imprisonment for life, or Imprisonment for 7 years and fine
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.(State Amendment, Madhya Pradesh : Court of Session )
————-
1.[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 a genuine, shall, if the document or electronic record is one of he description mentioned in section 466 of this Code] 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 467, shall be punished with 2.[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.
State Amendment :
Madhya Pradesh :
Offence under section 474 is triable by Court of Session.
——-
1. Subs.by Act 21 of 2000, sec 91 and Sch.I.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).