Section 341 BNS: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338

Bharatiya Nyaya Sanhita, 2023

Section 341 BNS at a Glance

Section 341 BNS deals with making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338. It is bailable and cognizable; it replaced Sections 472 and 473 IPC on 1 July 2024.

Punishment

Imprisonment for life, or imprisonment of either description for a term which may extend to seven years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 472 →

Section 341 BNS Bare Act Text

(1) Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, 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 makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 338, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument.

Source: Section 341, Bharatiya Nyaya Sanhita, 2023

Section 341 BNS in the IPC (Previous Law)

Section 341 BNS replaced Sections 472 and 473 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 341 BNS

Under Section 341(1) BNS, is it necessary that forgery must actually happen?▼

No. The offence is complete once a person makes, counterfeits, or knowingly possesses the counterfeit seal, plate, or instrument intending that it be used for a forgery punishable under Section 338 BNS. The law punishes the preparation stage itself.

What kind of items are covered under Section 341(1) BNS?▼

It covers counterfeit seals, plates, and other instruments for making an impression when made or kept with intent to commit a forgery punishable under Section 338 BNS, such as forging a valuable security, will, or authority to adopt.

Under Section 341(1) BNS, can a person be punished if they had the item but no bad intention?▼

Not under Section 341(1) BNS, if the prosecution cannot prove the intent to commit a forgery punishable under Section 338 BNS. However, possessing a seal, plate, or instrument knowing it to be counterfeit is still punishable under Section 341(3) BNS with imprisonment up to three years, and the offender is also liable to fine.

What is the punishment under Section 341(1) BNS?▼

Under Section 341(1) BNS, the punishment is imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.

Is actual forgery necessary for Section 341(2) BNS to apply?▼

No. The offence is complete once a person makes or possesses the counterfeit seal or instrument with the required intent or knowledge. The law punishes preparation itself because such tools are used to commit forgery.

What kind of items are covered under Section 341(2) BNS?▼

It covers counterfeit seals, plates, and instruments used to create false seals or similar forged materials. In practice, this may include fake stamps, rubber seals, and other tools made for producing false documents.

Under Section 341(2) BNS, can someone be punished just for keeping a fake seal?▼

Yes, if the prosecution proves that the person knew it was counterfeit and kept it for forgery-related use. Mere innocent possession is not enough. The intention behind possession matters a great deal.

How is Section 341(2) BNS different from the main forgery offence?▼

This section deals with the tools and preparation for forgery, not the forged document itself. The main forgery sections punish the making of false documents, while this provision targets the equipment used to make them.

What does Section 341(3) of the BNS punish?▼

Section 341(3) BNS punishes possession of a counterfeit seal, plate or other instrument for making an impression, when the person knows it is counterfeit. This sub-section is about knowing possession itself. The punishment can extend to three years' imprisonment, and the offender is also liable to fine.

What must be proved for an offence under Section 341(3) BNS?▼

It must be proved that the person possessed a seal, plate or other instrument, and that it was counterfeit. It must also be proved that the person knew it was counterfeit. The text of Section 341(3) does not add any separate requirement of intent to use it for forgery.

How is Section 341(3) BNS different from Section 341(2) BNS?▼

Section 341(3) BNS covers possession of a counterfeit seal, plate or other instrument with knowledge that it is counterfeit. Section 341(2) BNS goes further and deals with making, counterfeiting, or possessing such an instrument with intent that it be used for forgery punishable under this Chapter other than Section 338 BNS. So the added element in Section 341(2) is the intent connected to forgery.

What should I do if I am accused under Section 341(3) BNS or want to complain about it?▼

If you are accused, collect any material that shows you did not know the seal, plate or instrument was counterfeit, because knowledge is part of the offence. If you want to complain, keep the item safely, preserve messages, bills, delivery details or witnesses, and give these facts clearly to the police. A lawyer can help you present the facts properly on either side.

What does Section 341(4) of the Bharatiya Nyaya Sanhita cover?▼

Section 341(4) BNS covers using a counterfeit seal, plate, or other instrument as if it were genuine. The person must know, or have reason to believe, that it is counterfeit, and the use must be fraudulent or dishonest.

What must be proved for an offence under Section 341(4) BNS?▼

It must be shown that the person used a seal, plate, or similar instrument as genuine, even though it was counterfeit. It must also be shown that the use was fraudulent or dishonest, and that the person knew or had reason to believe the instrument was counterfeit.

What is the punishment under Section 341(4) of the BNS?▼

Section 341(4) says the person is punished in the same manner as if he had made or counterfeited that seal, plate, or instrument. So the punishment depends on whether the case falls under Section 341(1) BNS or Section 341(2) BNS.

How is Section 341(4) different from just possessing a counterfeit seal or plate?▼

Section 341(4) is about actually using the counterfeit seal, plate, or instrument as genuine. Mere possession is dealt with separately in Section 341(3) BNS, which applies when a person possesses such an instrument knowing it is counterfeit.

Section 341 BNS: Sub-sections Explained

Section 341(1) BNS: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467

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Bare Act Text

Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, 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.

Explained in Simple Words

Section 341(1) of the Bharatiya Nyaya Sanhita (BNS) deals with making, counterfeiting, or knowingly possessing a counterfeit seal, plate, or other instrument for making an impression, with the intention that it shall be used to commit a forgery punishable under Section 338 BNS (such as forgery of a valuable security or a will). The law does not wait for the forgery to be completed. If a person prepares or keeps such a counterfeit instrument with that specific intent, the offence is already made out.

The prosecution must prove both the making or knowing possession of the counterfeit instrument and the intention to use it for a forgery punishable under Section 338 BNS. Where the intent relates to other kinds of forgery under Chapter XVIII, Section 341(2) BNS applies, while knowing possession without such intent is covered by Section 341(3) BNS.

Because Section 338 BNS covers high-value documents such as valuable securities and wills, Section 341(1) BNS prescribes a severe punishment of imprisonment for life, or imprisonment of either description for up to seven years, and liability to fine.

Key Ingredients

  • Making or counterfeiting any seal, plate or other instrument for making an impression, or possessing such an instrument knowing it to be counterfeit
  • Intending that the instrument shall be used for committing a forgery punishable under Section 338 BNS

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment for life, or imprisonment of either description for a term which may extend to seven years.

💰 The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Section 341(1) BNS is punishable with imprisonment for life, or imprisonment of either description for up to seven years, and the offender is also liable to fine.

Real-World Example

In Ludhiana, Farhan fabricated a metallic seal closely replicating the official seal of the sub-registrar office, intending to imprint it upon fraudulent sale deeds of residential plots to make them appear legitimately registered. Police recovered the counterfeit seal from his workshop before any forged deed was finalized. A sale deed is a valuable security whose forgery is punishable under Section 338 BNS. Farhan counterfeited an instrument for making an impression intending that it be used to commit a forgery punishable under Section 338 BNS. Farhan is punishable under Section 341(1) BNS with imprisonment for life, or imprisonment of either description for up to seven years, and he is also liable to fine.

When This Does Not Apply

  • Making or possessing a genuine seal or instrument without any counterfeit element, even if misused or handled without permission
  • Possessing a counterfeit seal without knowledge of its counterfeit character or without intent to commit a forgery punishable under Section 338 BNS
  • Making or possessing a counterfeit seal with intent to commit a forgery punishable under any section of the Chapter other than Section 338 BNS, which falls under Section 341(2) BNS
  • Acts of forgery committed solely by handwriting or electronic means without making, counterfeiting or possessing any physical seal, plate or impression instrument

Previous Law

IPC 472 → Section 341(1) BNS

Section 472 IPC corresponds to Section 341(1) BNS. The wording and prescribed punishments of imprisonment for life or imprisonment of either description for up to seven years with liability to fine remain unchanged, with Section 338 BNS cited in place of Section 467 IPC. Section 341(1) BNS also introduces two new offences without direct IPC counterparts: Section 341(3) BNS penalizes simple possession of a counterfeit seal, plate or instrument knowing it to be counterfeit with imprisonment up to three years and liability to fine, and Section 341(4) BNS penalizes fraudulently or dishonestly using such an instrument as genuine.

Section 341(2) BNS: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise

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Bare Act Text

Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 338, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explained in Simple Words

Section 341(2) of the Bharatiya Nyaya Sanhita (BNS) deals with making, counterfeiting, or knowingly possessing any counterfeit seal, plate, or other instrument for making an impression, intending that it shall be used to commit a forgery punishable under any section of Chapter XVIII other than Section 338 BNS. The law targets the preparatory stage, before the actual forgery is completed, whenever someone creates or keeps such counterfeit impression tools with that intent.

For example, if a person makes a fake stamp or keeps a counterfeit seal intending to forge ordinary certificates, public registers, or documents other than valuable securities or wills covered by Section 338 BNS, this sub-section applies even before any document is forged. The offence is punishable with imprisonment of either description for a term up to seven years, and the offender is also liable to fine.

Key Ingredients

  • Making or counterfeiting any seal, plate or other instrument for making an impression, or possessing such an instrument knowing it to be counterfeit
  • Intending that the instrument shall be used for committing a forgery punishable under any section of Chapter XVIII other than Section 338 BNS

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to seven years.

💰 The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Section 341(2) BNS is punishable with imprisonment of either description for up to seven years, and the offender is also liable to fine.

Real-World Example

In Nagpur, Deepak manufactured a rubber seal replicating the official stamp of a municipal hospital, intending to imprint it upon false medical fitness certificates that he planned to supply to government applicants. Before any certificate was forged, police recovered the counterfeit seal from his residence. Forgery of a medical fitness certificate is punishable under Section 336(2) BNS, which is a forgery offence in the Chapter other than Section 338 BNS. Deepak counterfeited an impression instrument intending it to be used for a forgery punishable under a section of the Chapter other than Section 338 BNS. Deepak is punishable under Section 341(2) BNS with imprisonment of either description for up to seven years, and he is also liable to fine.

When This Does Not Apply

  • Making or possessing a genuine seal or impression instrument rather than a counterfeit one
  • Possessing a counterfeit seal without knowledge that it is counterfeit or without intent that it be used for any forgery punishable under this Chapter of the BNS
  • Making or possessing a counterfeit seal with intent to commit a forgery punishable under Section 338 BNS, such as forging a valuable security or will, which falls under Section 341(1) BNS
  • Acts of forgery committed solely by manual handwriting or electronic records without making or possessing any physical seal, plate or impression instrument

Previous Law

IPC 473 → Section 341(2) BNS

Section 473 IPC corresponds to Section 341(2) BNS. The wording and the prescribed punishment of imprisonment of either description for up to seven years and liability to fine remain unchanged, with Section 338 BNS cited in place of Section 467 IPC. Section 341(2) BNS also introduces two new offences without direct IPC counterparts: Section 341(3) BNS penalizes simple possession of a counterfeit seal, plate or instrument knowing it to be counterfeit with imprisonment up to three years and liability to fine, and Section 341(4) BNS penalizes fraudulently or dishonestly using such an instrument as genuine.

Section 341(3) BNS: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338

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Bare Act Text

(3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explained in Simple Words

Section 341(3) of the Bharatiya Nyaya Sanhita (BNS) makes it an offence for any person to possess a seal, plate, or other instrument knowing that it is counterfeit. It applies to anyone who holds or keeps such a fake instrument with actual knowledge of its counterfeit nature.

Unlike Sections 341(1) and 341(2) BNS, which deal with making, counterfeiting, or possessing a counterfeit seal or plate with the specific intention that it be used to commit forgery, Section 341(3) BNS addresses knowing possession on its own. The prosecution must show both that the seal, plate, or instrument was counterfeit and that the person in possession knew it was counterfeit, even if no specific plan to commit forgery is proved.

A person convicted under Section 341(3) BNS is punishable with imprisonment of either description, which may be simple or rigorous, for a term that may extend to three years, and is also liable to fine.

Key Ingredients

  • The accused possessed a seal, plate or other instrument
  • The seal, plate or instrument was counterfeit
  • The accused knew it was counterfeit

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to three years.

💰 Fine may be imposed in addition to imprisonment.

Possessing any seal, plate or other instrument knowing it to be counterfeit is punishable with imprisonment of either description for up to three years, and the offender is also liable to fine.

Real-World Example

Near Kochi, Lakshmi was checking stamp materials kept in a small document shop run by Devendra when she found a metal seal that copied the impression of a government office. Kavita, who had earlier seen Devendra use genuine office seals, identified that this one was not real. Police later found that Devendra was keeping the counterfeit seal in his drawer and knew it was fake. Even if no forged paper had yet been prepared, his knowing possession of that counterfeit seal fits this section.

When This Does Not Apply

  • Possession of a genuine seal or plate, even if suspicious, when it is not counterfeit
  • Possession of a counterfeit seal without knowledge that it is counterfeit
  • Making or counterfeiting a seal with intent to commit forgery punishable under Section 338 BNS, which falls under Section 341(1) BNS
  • Using a counterfeit seal as genuine fraudulently or dishonestly, which falls under Section 341(4) BNS

Section 341(4) BNS: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338

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Bare Act Text

(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument.

Explained in Simple Words

Section 341(4) of the Bharatiya Nyaya Sanhita (BNS) makes it an offence to fraudulently or dishonestly use any counterfeit seal, plate, or other instrument as if it were genuine. It applies to any person who uses such a fake instrument while knowing, or having reason to believe, that it is counterfeit, even if that person did not make the counterfeit instrument himself.

For this sub-section to apply, two mental elements must be present. First, the use of the counterfeit seal, plate, or instrument as genuine must be fraudulent or dishonest. Second, the person must either know that the item is counterfeit or have sufficient reason to believe that it is counterfeit, so honest and reasonable use without grounds for suspicion is not covered.

Section 341(4) BNS provides that the offender shall be punished in the same manner as if he had made or counterfeited that seal, plate, or other instrument. Under Section 341(1) BNS, where the forgery is of a kind punishable under Section 338 BNS, the punishment is imprisonment for life or imprisonment of either description up to seven years, with liability to fine, while under Section 341(2) BNS for other forgery under the Chapter, it is imprisonment of either description up to seven years, with liability to fine.

Key Ingredients

  • The accused used a seal, plate or other instrument as genuine
  • The seal, plate or other instrument was counterfeit
  • The use was fraudulent or dishonest
  • The accused knew or had reason to believe it was counterfeit

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Punished in the same manner as if the offender had made or counterfeited the seal, plate or other instrument: imprisonment for life or imprisonment of either description for up to seven years under Section 341(1) BNS, or imprisonment of either description for up to seven years under Section 341(2) BNS.

💰 Fine may be imposed in addition to imprisonment, as provided under Section 341(1) BNS or Section 341(2) BNS.

Fraudulently or dishonestly using as genuine a counterfeit seal, plate or other instrument, knowing or having reason to believe it to be counterfeit, is punished in the same manner as making or counterfeiting that instrument under Section 341(1) BNS or Section 341(2) BNS.

Real-World Example

Near Ludhiana, Naveen prepared fake packaging papers for a machinery consignment and used a counterfeit company seal to make them look genuine. Meera, who handled dispatch, questioned the seal because its imprint differed from the real one used earlier. Harpreet later found that Naveen had still stamped the papers and sent them to a buyer to support a false claim about the goods. This falls within the section because Naveen fraudulently used as genuine a counterfeit seal, knowing or at least having reason to believe that it was counterfeit.

When This Does Not Apply

  • A person uses a genuine seal, plate or instrument, so the item used is not counterfeit
  • A counterfeit seal is found with a person, but there is no use of it as genuine under this sub-section
  • A person uses a seal believing it to be genuine, with no knowledge or reason to believe it is counterfeit
  • The use is not fraudulent or dishonest, even though the instrument later turns out to be counterfeit

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·