BNS Section 340: Forged document, using as genuine (2026)
What Section 340 of the Bharatiya Nyaya Sanhita (BNS) covers: what a forged document is, and the offence of using a forged document or electronic record as genuine, how it maps to old Sections 470 and 471 of the IPC, the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 340 of the Bharatiya Nyaya Sanhita (BNS) does two things: it defines a "forged document or electronic record", and it punishes a person who uses such a document as genuine. It replaced Sections 470 and 471 of the Indian Penal Code (IPC) from 1 July 2024. The key rule is simple. A person who fraudulently or dishonestly uses a document they know, or have reason to believe, is forged, as if it were genuine, is punished in the same way as if they had forged it. This explainer sets out what Section 340 covers, how it maps to the old law, the punishment, and the classification. Last verified October 2026.
- New section: using a forged document as genuine is Section 340 of the BNS, in force since 1 July 2024.
- Old sections: it replaced Section 470 (forged document defined) and Section 471 (using as genuine) of the IPC.
- Punishment: the same as for forging that document or electronic record.
- Classification: cognizable, bailable, triable by a Magistrate of the first class (confirm against the First Schedule).
01Why the section number matters now
Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The forgery provisions moved. The definition of a forged document, and the offence of using one as genuine, which lawyers knew as Sections 470 and 471 of the IPC, are now brought together in Section 340 of the BNS.
This matters in practice. Many fraud cases are really about the person who used a fake, not the person who made it. An FIR for an offence committed on or after 1 July 2024 cites Section 340 for that conduct, while an older matter keeps its IPC number.
02What Section 340 covers
Section 340 of the BNS has two parts.
- Section 340(1): defines a "forged document or electronic record" as a false document or electronic record made wholly or in part by forgery.
- Section 340(2): punishes whoever fraudulently or dishonestly uses as genuine a document or electronic record which they know, or have reason to believe, to be a forged document or electronic record.
Using a fake can be as serious as making it
The user does not escape by saying someone else forged the document. Section 340 builds on the definition of a false document in Section 335 of the BNS, and the sentence is tied to the grade of forgery, such as Section 337 or Section 338 where a court record, valuable security or will is involved.
03Key ingredients
To bring a case under Section 340(2), the prosecution must show use, knowledge, and dishonest or fraudulent intent.
- Use as genuine: the accused used, or tried to pass off, the document or electronic record as genuine.
- Knowledge or reason to believe: the accused knew, or had reason to believe, that it was forged.
- Dishonest or fraudulent intent: the use was dishonest or fraudulent.
Mere possession of a forged document is not enough. The offence turns on using it as genuine, with the required knowledge and intent.
04Old to new: IPC 470 and 471 to BNS 340
Section 340 of the BNS brings together old Sections 470 and 471 of the IPC.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Forged document (definition) | Section 470 | Section 340(1) |
| Using a forged document as genuine | Section 471 | Section 340(2) |
| Punishment | As if forged | As if forged |
The rule that the user is punished as if they had forged the document is carried over. So the sentence depends on the kind of forgery involved.
05Punishment and classification
Section 340 does not fix a term of its own. A person who uses a forged document as genuine is punished in the same manner as if they had forged that document or electronic record. So if the document is one that falls under a graver forgery section, the heavier punishment applies.
On classification, the offence under Section 340 is noted as:
- Cognizable: the police can register an FIR and investigate without prior court approval.
- Bailable: bail is a matter of right, subject to the usual conditions.
- Triable by a Magistrate of the first class.
Classification follows the underlying forgery
Because the punishment matches the forgery of that document, the practical gravity, and the correct trial forum, can rise with the type of document. Check the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for the applicable entry.
06What changed from the old law
For this offence, the change is mainly the number and the merger of old Sections 470 and 471 into one section. The rule that using a forged document as genuine is punished as if it were forged is carried over, so older judgments on Sections 470 and 471 of the IPC still guide how Section 340 is read.
Because the definition of a false document in Section 335 covers electronic records, using a forged electronic record as genuine falls squarely within Section 340.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Charges for passing off a forged document commonly appear within cheating, property and banking matters and can travel across trial courts, the High Courts and the Supreme Court. Claw lets you follow them by searching cases, orders and hearing dates across 9,102 courts, benches and forums. With more than 30 crore judgments on hand, Supreme Court rulings from 1950 and High Court rulings from 1990, and most searches finishing in under five seconds, you can see how the old Sections 470 and 471 and the new Section 340 have been read, or track a live matter by party or advocate name.
The case files you upload are never used to train Claw's AI models. Create a free Claw account to follow a Section 340 matter by party or advocate name and trace the earlier Sections 470 and 471 rulings. To search the wider law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 340, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What are Sections 470 and 471 IPC in the BNS?
They are now Section 340 of the Bharatiya Nyaya Sanhita, 2023. Section 340(1) carries forward old Section 470 (the definition of a forged document), and Section 340(2) carries forward old Section 471 (using a forged document as genuine).
What is the punishment under BNS Section 340?
There is no separate term. A person who uses a forged document as genuine is punished in the same manner as if they had forged that document or electronic record. So the sentence depends on the grade of forgery involved. Last verified October 2026.
Is an offence under BNS Section 340 bailable?
It is noted as cognizable, bailable and triable by a Magistrate of the first class. Because the punishment tracks the underlying forgery, confirm the entry against the First Schedule of the BNSS for the document in your case.
Is using a fake document as serious as making it?
Under Section 340, yes. A person who fraudulently or dishonestly uses a document they know or have reason to believe is forged is punished as if they had forged it themselves.
Does old case law on Sections 470 and 471 still apply?
In large part, yes. Because the definition and the offence are carried over, judgments on Sections 470 and 471 of the IPC still guide how Section 340 of the BNS is read.
Can I track a case under Section 340 in Claw?
Yes. A free Claw account lets you search and track this offence by section, party or advocate name across 9,102 courts, benches and forums, with most queries answered in under five seconds. Claw tracks and researches the matter but does not give legal advice.