Section 340 BNS: Using as Genuine a Forged Document or Electronic Record (Formerly Section 471 IPC)

Section 340 of Bharatiya Nyaya Sanhita: Using as Genuine a Forged Document or Electronic Record

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 340

Section 340 penalizes Using as Genuine a Forged Document or electronic record, equating the user to the actual forger.

Using Forged Record as Genuine: Section 340 (replacing Section 471 IPC) penalizes whoever fraudulently or dishonestly uses as genuine any document or electronic record known or believed to be forged.
Equal Punishment with Forger: The user of a forged document or electronic record is subjected to the exact same penal consequences as if they had actively committed the forgery themselves.

Section 340 establishes parity between the creator and the user of forged records, ensuring that knowing circulation of fraudulent documents incurs full statutory criminal liability.

Key Landmark Precedents:

Mohammed Ibrahim v. State of Bihar (2009) 8 SCC 751: Reaffirmed that knowledge or reason to believe that the document was forged is the indispensable condition precedent under Section 471 IPC / Section 340 BNS.
Sheila Sebastian v. R. Jawaharaj (2018): Clarified that a person presenting a forged title deed to a registrar can be prosecuted under Section 471/340 even if the actual physical scribe is unknown.

Legal Commentary:

Section 340 closes the loophole for beneficiaries of forgery. A corporate executive or heir who presents a forged will or altered invoice in court or to a bank cannot escape by saying 'I did not forge it myself'; knowingly using a forged document attracts the exact same punishment as the forger.

Section 340: Using as Genuine a Forged Document or Electronic Record

Section 340 of Bharatiya Nyaya Sanhita: Using as Genuine a Forged Document or Electronic Record

Legal Commentary & Landmark Judgments: Section 340