Section 475 IPC: Counterfeiting Device or Mark Used for Authenticating Documents Under Section 467
Section 475 of the Indian Penal Code, 1860 dealt with counterfeiting a device or mark used to authenticate documents of the description covered by Section 467, and with possession of material bearing such a counterfeit device or mark with the required intent.
What did Section 475 IPC provide?
Section 475 - Counterfeiting device or mark used for authenticating documents described in Section 467, or possessing counterfeit marked material.
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 the Code, intending that the device or mark shall be used to give an appearance of authenticity to a document already forged or thereafter to be forged on that material, or who with such intent possesses material upon or in which such device or mark has been counterfeited, is punishable under Section 475.
Essential ingredients of Section 475 IPC
For the provision to apply, the conduct had to relate to an authentication device or mark connected with a document of the kind described in Section 467 IPC. In practical terms, the provision addressed both counterfeiting and intentional possession of counterfeit-marked material.
- There must be a device or mark used for authenticating a document.
- The document must be of a description covered by Section 467 IPC.
- The device or mark must be counterfeited upon or in the substance of material, or such counterfeit-marked material must be possessed.
- The required intent must exist: the counterfeit device or mark is intended to give an appearance of authenticity to a forged document.
Meaning and relevance of Section 467 IPC
Section 475 expressly referred to documents described in Section 467. Section 467 dealt with forgery of particularly important documents, including a valuable security, a will and specified documents or authorities connected with valuable security, money, movable property, receipts and acquittances.
This connection is important because Section 475 was directed at counterfeit authentication devices or marks capable of lending apparent authenticity to forged documents falling within that serious class.
Punishment under Section 475 IPC
A person convicted under Section 475 could be punished with imprisonment for life, or imprisonment of either description for a term which could extend to seven years, and was also liable to fine.
The reference to imprisonment for life reflected the substitution of the earlier expression "transportation for life" by Act 26 of 1955.
Nature of the offence under the pre-BNSS CrPC
| Provision | Pre-BNS / pre-BNSS position |
|---|---|
| Section | Section 475, Indian Penal Code, 1860 |
| Subject | Counterfeiting an authentication device or mark for Section 467 documents, or possessing counterfeit-marked material with the required intent |
| Maximum punishment | Imprisonment for life, or imprisonment up to seven years, and fine |
| Cognizability | Non-cognizable |
| Bail | Non-bailable |
Difference between Section 475 and Section 476 IPC
The distinction depended on the kind of document for which the authentication device or mark was used. Section 475 concerned documents described in Section 467. Section 476 dealt with authentication devices or marks for documents other than those described in Section 467.
Key point
Section 475 did not merely address the forging of the underlying document. It specifically targeted the counterfeiting of devices or marks used to authenticate the serious categories of documents covered by Section 467, as well as intentional possession of material carrying such counterfeit authentication features.