Bharatiya Nyaya Sanhita, 2023
BNS Section 342
Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
In one line
BNS Section 342 deals with counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material and replaces IPC 475 (now 342(1)), IPC 476 (now 342(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 342(1) | Counterfeiting a device or mark used for authenticating documents described in section 338 or possessing counterfeit marked material. | Imprisonment for life, or imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 342(2) | Counterfeiting a device or mark used for authenticating documents other than those described in section 338 or possessing counterfeit marked material. | Imprisonment for 7 years and fine. | Non-cognizable. | Non-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 342
342. Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material.
(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.
What changed from the IPC
- IPC 475 → BNS 342(1): IPC section is included as a sub-section in BNS.
- IPC 476 → BNS 342(2): IPC section is included as a sub-section in BNS sans heading.
Frequently asked
What was BNS Section 342 in the IPC?
BNS Section 342 (Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material) replaces Sections 475, 476 of the Indian Penal Code, 1860. IPC 475 is now BNS 342(1). IPC 476 is now BNS 342(2).
What is the punishment under BNS 342(1)?
Counterfeiting a device or mark used for authenticating documents described in section 338 or possessing counterfeit marked material – 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 non-cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 342(2)?
Counterfeiting a device or mark used for authenticating documents other than those described in section 338 or possessing counterfeit marked material – 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 non-cognizable and non-bailable, triable by magistrate of the first class.
Is BNS 342 bailable?
Bailable: BNS 342(1). Non-bailable: BNS 342(2). 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 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 341 — Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
- 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
- BNS 347 — Counterfeiting a property mark