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

Bharatiya Nyaya Sanhita, 2023 · Chapter 18: Of Offences Relating to Documents and to Property Marks - Of property marks

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342.
(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.

Study: explanations and related material

Replaces IPC 475, IPC 476. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

342(1)Counterfeiting a device or mark used for authenticating documents described in section 338 or possessing counterfeit marked material.

Punishment
Imprisonment for life, or imprisonment for 7 years and fine.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
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.

Punishment
Imprisonment for 7 years and fine.
Cognizable or not
Non‑cognizable
Bailable or not
Non‑bailable
Triable by
Magistrate of the first class

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 187. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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