Updated on March 12, 2025 10:13:56 AM
Clause 340 of BNS defines the offences related to the Forgery in the electronic documents and records. Previously the sections 470, 471 and 472 of Indian Penal Code covered all these types of forgery offences. Forgery in electronic records is a punishable offence, if you didn’t do that forgery but you have possession of the forged records or documents even knowing about that forgery, you are also an offender.
However, Forgery in electronic records can also result in imprisonment and penalties for the accused. Until the accused is found not guilty, the claim of Forgery is just a claim. During trial, the accused can get bail with a promise to appear. In this article, we will go through the complete explanation of Forgery according to Clause 340 of BNS, punishments, penalties and bail provisions. Join us to understand the legal terms to comprehend the practical consequences.
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Here, is an overview of Clause 340 of BNS given below:
| Offence | Forgery in Electronic Records |
|---|---|
| Clause under BNS | Clause 340 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 7 years or Fine or Both |
| Triable | Police station/Any Magistrate |
Clause 340 of BNS clearly defines that -
“(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”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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The BNS's Clause 340 outlines the penalties and bail requirements for document fabrication. It acts as a vital legal defence against dishonest practices meant to mislead people by using fabricated documentation. By guaranteeing due process through the bail process, the clause not only sets fines for offenders but also encourages justice system fairness and accountability. Clause 340 has a crucial role in upholding the rule of law and safeguarding public interests since it is necessary to preserve trust in a variety of transactions and institutions.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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