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Section 339: Having Possession of Forged Document Knowing It to Be Forged

Bharatiya Nyaya Sanhita • Chapter XVIII: Of Offences Relating to Documents & Property Marks • Official Statutory Text & Legal Guide

Chapter XVIII: Of Offences Relating to Documents & Property Marks
Magistrate 1st Class
Bailable
Cognizable / Non-Cog
Formerly Sec 474 IPC
Section 338 All 358 Sections of Bharatiya Nyaya Sanhita Section 340

Legal Commentary & Landmark Judgments: Section 339

Section 339 penalises having possession of any document or electronic record, knowing it to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine (replacing Section 474 IPC).

  • Possession of Forged Document: Conscious physical or electronic custody of a forged document or record.
  • Knowledge of Forgery: Knowing or having reason to believe that the document is forged.
  • Fraudulent Intent to Use: Possessing it with intention that it shall be used as genuine.
Key Landmark Precedents:
  • State of Maharashtra v. Budhikota Subbarao (1993) 3 SCC 339: Held that conscious possession of fabricated military security permits intending to use them to gain access to sensitive installations satisfies all ingredients of this section.
  • Sheila Sebastian v. R. Jawaharraj (2018) 7 SCC 581: Clarified that while Section 465 requires making the document, Section 474 (Section 339 BNS) punishes possessing it with fraudulent intent.
Courtroom Practice & Strategic Litigation Guidance:

Search and seizure panchnamas under Section 185 BNSS must show recovery from the accused's exclusive desk, wallet, or computer drive. Defence should contest proof of intent to use.

Section 338 All 358 Sections of Bharatiya Nyaya Sanhita Section 340