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Indian criminal law | Updated 31 October 2026
IPC Section 474: Possession of a Forged Document and BNS Section 339
Section 474 of the Indian Penal Code, 1860 dealt with possessing a forged court record, public register, valuable security, will or similar document while knowing it was forged and intending it to be used fraudulently or dishonestly as genuine. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 339.
Original text of IPC Section 474
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 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 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.
Meaning and essential ingredients
The offence is concerned with knowing possession combined with an intention to use a forged document as genuine. It is distinct from the act of creating a false document and from actually presenting a forged document as genuine.
- Possession: The accused possesses the relevant document or electronic record.
- Forgery: The item is a forged document or electronic record within the meaning of the applicable forgery provisions.
- Knowledge: The accused knows the item is forged.
- Intended use: The accused intends that it be fraudulently or dishonestly used as genuine.
- Specified class: The document falls within the categories referred to in the provision, such as court or public records or valuable securities and wills.
BNS Section 339: Corresponding current provision
Section 339 of the Bharatiya Nyaya Sanhita, 2023 deals with possession of documents or electronic records of the descriptions mentioned in BNS Sections 337 and 338, knowing them to be forged and intending to use them fraudulently or dishonestly as genuine.
BNS Section 337 concerns forgery of court records, public registers and certain public documents. BNS Section 338 concerns forgery of valuable securities, wills and specified related instruments. The distinction determines the applicable sentencing range under Section 339.
Punishment under IPC Section 474 and BNS Section 339
| Class of forged document | IPC Section 474 | BNS Section 339 |
|---|---|---|
| Court or public record described in IPC 466 / BNS 337 | Imprisonment up to 7 years and fine | Imprisonment up to 7 years and fine |
| Valuable security, will or related document described in IPC 467 / BNS 338 | Imprisonment for life or up to 7 years, and fine | Imprisonment for life or up to 7 years, and fine |
These are statutory maximum sentencing options. The actual sentence depends on the proved offence, applicable law and judicial determination. Bail and procedural classification should be assessed under the applicable procedural statute and schedule, not inferred solely from the punishment.
Illustrative examples
Forged court order
A person knowingly keeps a fabricated court order and intends to submit it to an authority as a genuine order. If the necessary facts are proved, the court-record category may apply.
Forged will
A person knowingly possesses a fabricated will intending that it be presented as genuine to claim property. The category relating to wills may apply, subject to proof of the statutory ingredients.
Innocent receipt of a forged document
A person receives a document without knowing it is forged and has no fraudulent or dishonest intention to use it as genuine. Mere possession on these facts does not, by itself, establish all the elements of this offence.
Related forgery provisions
IPC Section 471 addresses using a forged document as genuine. IPC Section 472 and IPC Section 473 address counterfeit seals and instruments used in forgery. The current BNS framework also includes Sections 335 (making a false document), 336 (forgery), 337, 338, 339 and 340 (forged documents and their use).
Frequently asked questions
What is the equivalent of IPC Section 474 under the BNS?
Section 339 of the Bharatiya Nyaya Sanhita, 2023 addresses possession of specified forged documents or electronic records with knowledge of forgery and intent to use them as genuine.
Is mere possession of a forged document enough?
No. The provision also requires knowledge that the document or electronic record is forged and an intention that it be fraudulently or dishonestly used as genuine.
What is the punishment for possession of a forged court record?
For documents of the class described in IPC Section 466, the former IPC Section 474 provided imprisonment up to seven years and a fine. The corresponding BNS provisions must be considered for conduct governed by the new law.
What is the punishment for possession of a forged will or valuable security?
For documents of the class described in IPC Section 467, the former IPC Section 474 provided imprisonment for life or imprisonment up to seven years, and a fine. The corresponding BNS provision preserves the distinction.
Official statutory sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (refer to Sections 337, 338 and 339).
- India Code - central legislation repository (Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023).
- Ministry of Home Affairs, Government of India (criminal law implementation information).
This article is general legal information. The precise statute, offence classification and procedural rules depend on the date and circumstances of the alleged conduct.