Bharatiya Nyaya Sanhita, 2023
Section 341 BNS: Making or Possessing Counterfeit Seal, Plate or Instrument for Forgery
Section 341 of the Bharatiya Nyaya Sanhita, 2023 deals with making, counterfeiting, possessing or fraudulently or dishonestly using counterfeit seals, plates or other instruments used for making an impression in connection with forgery.
Section 341(1) - Counterfeit Instrument Intended for Forgery Under Section 338
A person commits this aggravated offence if he makes or counterfeits a seal, plate or other instrument for making an impression, intending that it be used to commit forgery punishable under Section 338, or possesses such an instrument with that intent while knowing it to be counterfeit.
Punishment is imprisonment for life, or imprisonment of either description up to seven years, and fine.
Section 341(2) - Counterfeit Instrument Intended for Other Forgery Offences
This sub-section covers making, counterfeiting or possessing such a seal, plate or other impression-making instrument with intent that it be used for forgery punishable under any provision of Chapter XVIII other than Section 338.
Punishment is imprisonment of either description up to seven years and fine.
Section 341(3) - Knowing Possession of Counterfeit Seal, Plate or Instrument
Whoever possesses any seal, plate or other instrument knowing it to be counterfeit is punishable with imprisonment of either description up to three years and fine.
Unlike Sections 341(1) and 341(2), the statutory wording of Section 341(3) does not require proof of an additional intent to use the instrument for a particular forgery. Knowledge that the instrument is counterfeit remains expressly required.
Section 341(4) - Fraudulent or Dishonest Use as Genuine
Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument, knowing or having reason to believe that it is counterfeit, is punished in the same manner as if he had made or counterfeited that seal, plate or instrument.
The exact punishment therefore depends on the type and intended forgery connected with the counterfeit instrument.
Essential Ingredients of Section 341
- Making or counterfeiting: Sections 341(1) and 341(2) apply to making or counterfeiting a seal, plate or other instrument for making an impression.
- Possession with special intent: Sections 341(1) and 341(2) also cover possession with the relevant forgery intent and knowledge that the instrument is counterfeit.
- Knowing possession: Section 341(3) separately punishes possession with knowledge that the instrument is counterfeit.
- Use as genuine: Section 341(4) requires fraudulent or dishonest use as genuine plus knowledge or reason to believe that the instrument is counterfeit.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| 341(1) | Life imprisonment, or imprisonment up to 7 years, and fine | Yes | Yes | Magistrate of the first class |
| 341(2) | Imprisonment up to 7 years and fine | Yes | Yes | Magistrate of the first class |
| 341(3) | Imprisonment up to 3 years and fine | Yes | Yes | Magistrate of the first class |
| 341(4) | Same manner as if the seal, plate or instrument had been made or counterfeited | Yes | Yes | Magistrate of the first class |
Relationship With Section 338 and Other Forgery Provisions
Section 338 BNS deals with forgery of valuable securities, wills and other specified instruments. Section 341(1) provides the more serious branch where a counterfeit seal, plate or impression-making instrument is intended for use in a forgery punishable under Section 338.
Section 341(2) covers corresponding counterfeit-instrument conduct intended for forgery punishable elsewhere in Chapter XVIII.
Official Legal Sources
For authoritative statutory wording, procedural classification and the structure of Chapter XVIII, consult the official Government resources listed in the right sidebar.
Frequently Asked Questions
What does Section 341(1) punish?
It punishes making, counterfeiting or possessing a counterfeit seal, plate or impression-making instrument with intent to commit forgery punishable under Section 338.
What is the punishment under Section 341(1)?
Imprisonment for life, or imprisonment up to seven years, and fine.
What does Section 341(3) punish?
Knowing possession of a counterfeit seal, plate or other instrument. The punishment may extend to three years and fine.
Is Section 341 bailable?
Yes. All four Section 341 entries in the BNSS First Schedule are bailable.
Is Section 341 cognizable?
Yes. All four Section 341 entries are cognizable.
This page provides general legal information. The applicable sub-section depends on the type of counterfeit instrument, the alleged intention, knowledge, use and the forgery offence connected with the instrument.