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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter XVIII: Of Offences Relating To Documents And To Property Marks

Section 342 BNS: Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material

Corresponding IPC
Section 475, 476 IPC
Punishment
(1) Imprisonment for life, or up to 7 years, and fine; (2) imprisonment up to 7 years, and fine
Note
IPC 475 and 476 combined as two subsections.

Classification of offence

SectionCognizable?Bailable?Triable by
342(1)Non-cognizableBailableMagistrate of the first class
342(2)Non-cognizableNon-bailableMagistrate of the first class

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

(1) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 338, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, 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.

(2) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in section 338, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Whoever counterfeits, on or in the substance of any material, a device or mark used to authenticate a document described in section 338, intending it to give the appearance of authenticity to a document then or later forged on that material, or with that intent possesses such material, is punished with life imprisonment or imprisonment of either description up to seven years, and fine. The same acts concerning a device or mark used to authenticate any document or electronic record other than those described in section 338 are punished with imprisonment of either description up to seven years and fine.

Chapter XVIII: Of Offences Relating To Documents And To Property Marks

  1. 335 Making a false document
  2. 336 Forgery
  3. 337 Forgery of record of Court or of public register, etc
  4. 338 Forgery of valuable security, will, etc
  5. 339 Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
  6. 340 Forged document or electronic record and using it as genuine
  7. 341 Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
  8. 342 Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
  9. 343 Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
  10. 344 Falsification of accounts
  11. 345 Property mark
  12. 346 Tampering with property mark with intent to cause injury
  13. 347 Counterfeiting a property mark
  14. 348 Making or possession of any instrument for counterfeiting a property mark
  15. 349 Selling goods marked with a counterfeit property mark
  16. 350 Making a false mark upon any receptacle containing goods
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