Only the person who originally forges a document can be punished for forgery.

Anyone who knowingly uses a forged document as if it were genuine is punished exactly as severely as the original forger, even if they did not create the fake document themselves.

Bharatiya Nyaya Sanhita, 2023

Section 340

Forged document or electronic record and using it as genuine

(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.§

Why this exists

Forgery is only harmful when the fake document is actually used to deceive someone. This section ensures that people who knowingly use a forged document to their advantage face the same consequences as the person who created the forgery, closing off any argument that only the original forger, and not the person who deploys the fake document, should be held responsible.

Common misconceptions

Myth: Only the person who originally forges a document can be punished for forgery.
Fact: Anyone who knowingly uses a forged document as if it were genuine is punished exactly as severely as the original forger, even if they did not create the fake document themselves.