Bharatiya Nyaya Sanhita, 2023
Section 342 BNS: Counterfeiting Device or Mark Used for Authenticating Documents
Section 342 of the Bharatiya Nyaya Sanhita, 2023 punishes counterfeiting a device or mark used to authenticate documents, and possession of material bearing such a counterfeit device or mark, where the prescribed intention to give a forged document an appearance of authenticity is present.
Section 342(1) - Device or Mark Used to Authenticate a Section 338 Document
This sub-section applies where a person counterfeits, upon or in the substance of any material, a device or mark used for authenticating a document described in Section 338, intending that the counterfeit device or mark be used to give an appearance of authenticity to a document already forged or later to be forged on that material.
It also covers possession of material bearing such a counterfeit device or mark when held with that same intention.
Punishment is imprisonment for life, or imprisonment of either description up to seven years, and fine.
Section 342(2) - Device or Mark Used to Authenticate Other Documents or Electronic Records
Section 342(2) applies to counterfeiting a device or mark used for authenticating a document or electronic record other than the documents described in Section 338, with intent that the counterfeit device or mark give an appearance of authenticity to a forged document.
It also covers possession, with that intent, of material upon or in the substance of which such a device or mark has been counterfeited.
Punishment is imprisonment of either description up to seven years and fine.
Essential Ingredients of Section 342 BNS
- there must be a device or mark used for authenticating a document or electronic record;
- the device or mark must be counterfeited upon or in the substance of material;
- the accused must intend that the counterfeit device or mark be used to give an appearance of authenticity to a document already forged or thereafter to be forged; or
- the accused must possess material bearing such a counterfeit device or mark with that intention.
The statutory intention to give a forged document the appearance of authenticity is central to both sub-sections.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| 342(1) | Life imprisonment, or imprisonment up to 7 years, and fine | No | Yes | Magistrate of the first class |
| 342(2) | Imprisonment up to 7 years and fine | No | No | Magistrate of the first class |
Difference Between Section 341 and Section 342 BNS
Section 341 BNS deals with counterfeit seals, plates or other instruments for making an impression and their possession or use in connection with forgery.
Section 342 is more specifically concerned with counterfeiting a device or mark used to authenticate a document, or possessing material bearing such a counterfeit authentication device or mark, with the intention specified in the section.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult the official India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
What does Section 342(1) cover?
It covers counterfeiting an authentication device or mark for a document described in Section 338, or possessing material bearing such a counterfeit device or mark, with the required intention.
What is the punishment under Section 342(1)?
Imprisonment for life, or imprisonment up to seven years, and fine.
What is the punishment under Section 342(2)?
Imprisonment up to seven years and fine.
Is Section 342(1) bailable?
Yes. It is bailable.
Is Section 342(2) bailable?
No. It is non-bailable.
Are Section 342 offences cognizable?
No. Both Section 342(1) and Section 342(2) are non-cognizable.
This page provides general legal information. The applicable sub-section depends on the kind of document or electronic record, the authentication device or mark involved, the alleged intention and the evidence in the individual case.