Bharatiya Nyaya Sanhita, 2023
BNS Section 341
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
In one line
BNS Section 341 deals with making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338 and replaces IPC 472 (now 341(1)), IPC 473 (now 341(2)), IPC New sub- section (now 341(3)), IPC New sub- section (now 341(4)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 341(1) | Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 341(2) | Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable otherwise than under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 341(3) | Possesses any seal, plate or other instrument knowing the same to be counterfeit. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 341(4) | Fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit. | Same as if he had made or counterfeited such seal, plate or other instrument. | Cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 341
341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338.
(1) Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, 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 makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 338, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument.
What changed from the IPC
- IPC 472 → BNS 341(1): IPC section is included as a sub-section in BNS.
- IPC 473 → BNS 341(2): IPC section is included as a sub-section in BNS sans heading.
- IPC New sub- section → BNS 341(3): "Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine".
- IPC New sub- section → BNS 341(4): "Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument".
Frequently asked
What was BNS Section 341 in the IPC?
BNS Section 341 (Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338) replaces Sections 472, 473, New sub- section of the Indian Penal Code, 1860. IPC 472 is now BNS 341(1). IPC 473 is now BNS 341(2). IPC New sub- section is now BNS 341(3). IPC New sub- section is now BNS 341(4).
What is the punishment under BNS 341(1)?
Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 341(2)?
Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable otherwise than under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 341(3)?
Possesses any seal, plate or other instrument knowing the same to be counterfeit – punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 341(4)?
Fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit – Same as if he had made or counterfeited such seal, plate or other instrument. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 341 bailable?
Bailable: BNS 341(1), 341(2), 341(3), 341(4). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 336 — Forgery
- BNS 337 — Forgery of record of Court or of public register, etc
- BNS 338 — Forgery of valuable security, will, etc
- BNS 339 — Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
- BNS 340 — Forged document or electronic record and using it as genuine
- BNS 342 — Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
- BNS 343 — Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
- BNS 344 — Falsification of accounts
- BNS 345 — Property mark
- BNS 346 — Tampering with property mark with intent to cause injury