Bharatiya Nyaya Sanhita 2023
Section 342 :
Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material :
(See section 475, 476 of IPC 1860)
Section : 342(1)
Classification of Offence:
Offence : Counterfeiting a device or mark used for authenticating documents described in section 467 of the Bhartiya Nyaya Sanhita, or possessing counterfeit marked material.
Punishment : Imprisonment for life, or Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 342(2)
Classification of Offence:
Offence : Counterfeiting a device or mark used for authenticating documents other than those described in section 467 of the Bhartiya Nyaya Sanhita, or possessing counterfeit marked material.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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(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 of this Sanhita, 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 of this Sanhita, 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.
Indian Penal Code 1860 (IPC 1860)
Section 475 :
Counterfeiting device or mark used for authenticating documents described in Section 467, or possessing counterfeit marked material:
(See section 342(1) of BNS 2023)
Classification of Offence:
Offence : Counterfeiting a device or mark used for authenticating documents described in section 467 of the Indian Penal Code, or possessing counterfeit marked material.
Punishment :Imprisonment for life, or imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.(State Amendment, Madhya Pradesh : Court of Session )
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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 467 of this Code, 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 1.[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
State Amendment :
Madhya Pradesh :
Offence under section 475 is triable by Court of Session.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
Section 476 :
Counterfeiting device or mark used for authenticating documents other than those described in Section 467, or possessing counterfeit marked material:
(See section 342(2) of BNS 2023)
Classification of Offence:
Offence: Counterfeiting a device or mark used for authenticating documents other than those described in section 467 of the Indian Penal Code, or possessing counterfeit marked material.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.(State Amendment, Madhya Pradesh : Court of Session )
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Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating 1.[any document or electronic record] other than the documents described in Section 467 of this Code, 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.
State Amendment :
Madhya Pradesh : Offence under section 476 is triable by Court of Session.
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1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “any document” (w.e.f. 17-10-2000).