BNS Section 289 - Possession of False Document

Whoever has in his possession any document or electronic record, knowing or having reason to believe the same to be false, and intending that the same shall fraudulently or dishonestly be used as genuine, shall be punished.

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Non-bailable, Cognizable

Official Text

“Whoever has in his possession any document or electronic record, knowing or having reason to believe the same to be false, and intending that the same shall fraudulently or dishonestly be used as genuine, shall be punished.”

Legal Analysis

Elements to Prove:

  • Possession of false document.
  • Knowing it to be false.
  • Intending fraudulent use.

Potential Defenses:

  • No possession.
  • Unaware of falsity.
  • No intent to defraud.

Practical Examples

What Constitutes the Offense:

Keeping forged documents, possessing fake certificates, holding counterfeit papers for fraudulent use.

What Doesn't Constitute:

Innocent possession, unaware of falsity, or lawful ownership.

Punishment

Imprisonment up to 7 years, and Fine

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