Section 342 BNS: Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material

Bharatiya Nyaya Sanhita, 2023

Section 342 BNS at a Glance

Section 342 BNS deals with counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material. It is non-cognizable; it replaced Sections 475 and 476 IPC on 1 July 2024.

Punishment

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

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 475 →

Section 342 BNS Bare Act Text

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, 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.

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, 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.

Source: Section 342, Bharatiya Nyaya Sanhita, 2023

Section 342 BNS in the IPC (Previous Law)

Section 342 BNS replaced Sections 475 and 476 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 342 BNS

What does Section 342(1) BNS punish?▼

It punishes counterfeiting upon or in the substance of any material any device or mark used for authenticating documents described in Section 338 BNS, or possessing material bearing such a counterfeit mark, intending that it be used to make a forged document on that material look authentic.

Does mere possession always attract Section 342(1) BNS?▼

Not by itself. The prosecution must show possession of material bearing the counterfeit mark along with the intention that the mark will be used to give the appearance of authenticity to a document then forged or later to be forged on that material. Innocent possession without that intention is not enough.

Is the offence under Section 342(1) BNS bailable?▼

Yes. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, this offence is bailable and non-cognizable, and is triable by a Magistrate of the first class.

How does Section 342(1) BNS differ from Section 342(2) BNS?▼

Section 342(1) BNS applies where the authenticating device or mark is for high-value documents described in Section 338 BNS, such as wills or valuable securities, and carries up to life imprisonment or seven years' imprisonment and liability to fine. Section 342(2) BNS applies to authenticating marks for all other documents or electronic records and carries up to seven years' imprisonment and liability to fine.

What does Section 342(2) BNS punish?▼

It punishes counterfeiting upon or in the substance of any material any device or mark used to authenticate a document or electronic record other than the documents described in Section 338 BNS, or possessing material bearing such a counterfeit mark, intending that the mark be used to make a forged document on that material appear genuine.

Is actual use of the fake mark necessary for the offence under Section 342(2) BNS?▼

No, actual circulation of a forged document is not necessary. The offence is complete if the person counterfeits the authenticating mark on the material or possesses the marked material intending that the mark be used to give the appearance of authenticity to a document then forged or later to be forged on that material.

What is the punishment under Section 342(2) BNS?▼

The punishment is imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.

What documents or records are covered under Section 342(2) BNS?▼

It covers authenticating marks for any document or electronic record other than the high-value documents listed in Section 338 BNS, such as wills, authorities to adopt, or valuable securities. Examples include marks used to authenticate educational certificates, permits, or ordinary official records.

Section 342 BNS: Sub-sections Explained

Section 342(1) BNS: Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

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Bare Act Text

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, 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.

Explained in Simple Words

Section 342(1) of the Bharatiya Nyaya Sanhita (BNS) deals with counterfeiting upon, or in the substance of, any material any device or mark used for authenticating a document described in Section 338 BNS, such as a valuable security, a will, or an authority to adopt, or possessing material bearing such a counterfeit mark. In simple terms, the law targets people who embed or impress fake authenticating marks, watermarks, or emblems into or onto paper or other material intending that the mark will be used to give the appearance of authenticity to a document then forged or later to be forged on that material.

It is meant to protect trust in high-value legal and financial documents described in Section 338 BNS. Because forging such documents can cause severe financial and legal harm, Section 342(1) BNS punishes the preparation and possession of counterfeit-marked material with imprisonment for life, or imprisonment of either description for up to seven years, and the offender is also liable to fine.

Key Ingredients

  • Counterfeiting upon or in the substance of any material any device or mark used for authenticating documents described in Section 338 BNS, or possessing such marked material
  • Intending that such device or mark shall be used for giving the appearance of authenticity to any document then forged or thereafter to be forged on such material

Punishment

Bailable ⓘNon-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 342(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. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence is non-cognizable, bailable and triable by a Magistrate of the first class. It is not compoundable.

Real-World Example

In Kochi, Devendra operated a commercial printing shop and manufactured sheets of security bond paper embedding a watermarked emblem and border pattern that imitated the authenticating marks used by a cooperative bank on its fixed deposit certificates. Devendra prepared the paper intending that fraudulent fixed deposit certificates would be printed thereon and presented as genuine banking securities. A fixed deposit certificate is a valuable security within Section 338 BNS. Devendra counterfeited an authenticating mark upon material intending to give the appearance of authenticity to a document described in Section 338 BNS. Devendra is punishable under Section 342(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

  • Counterfeiting an authenticating device or mark used for documents or electronic records other than the documents described in Section 338 BNS, which is punishable under Section 342(2) BNS
  • Possessing marked material without any intention that the mark shall be used to give the appearance of authenticity to a forged document
  • Material bearing a genuine authenticating device or mark executed under proper lawful authority
  • Forging a document without counterfeiting any authenticating mark or device in or upon the underlying material

Previous Law

IPC 475 → Section 342(1) BNS

Section 475 IPC corresponds to Section 342(1) BNS. The statutory 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 342(1) BNS consolidates this provision with Section 476 IPC, which covers authenticating devices for other documents and becomes Section 342(2) BNS.

Section 342(2) BNS: Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

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Bare Act Text

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, 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.

Explained in Simple Words

Section 342(2) of the Bharatiya Nyaya Sanhita (BNS) deals with counterfeiting upon, or in the substance of, any material any device or mark used to authenticate any document or electronic record other than the documents described in Section 338 BNS, or possessing material on which such a counterfeit mark has been made. In simple terms, the law targets people who put fake authenticating marks, watermarks, or holograms onto or into material intending that the mark will be used to make a document forged or to be forged on that material appear genuine.

The law does not wait for the forged document to be completed or used to cheat someone. Counterfeiting the mark on the material, or possessing such marked material with the intention that it be used to give the appearance of authenticity to a forged document, is enough to attract liability under this sub-section.

Key Ingredients

  • Counterfeiting upon or in the substance of any material any device or mark used for authenticating documents other than those described in Section 338 BNS, or possessing such marked material
  • Intending that such device or mark shall be used for giving the appearance of authenticity to any document then forged or thereafter to be forged on such material

Punishment

Non-Bailable ⓘNon-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 342(2) BNS is punishable with imprisonment of either description for up to seven years, and the offender is also liable to fine. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence is non-cognizable, non-bailable and triable by a Magistrate of the first class. It is not compoundable.

Real-World Example

In Meerut, police searched Naveen's commercial printing press and discovered paper sheets embedding a counterfeit hologram and security watermark identical to those used by an accredited university on its graduation certificates. Naveen prepared and possessed the marked paper intending that fabricated degree certificates would be printed thereon and sold. An educational certificate is not a valuable security or document described in Section 338 BNS. Naveen counterfeited an authenticating mark on material intending to give the appearance of authenticity to a forged document covered by Section 342(2) BNS. Naveen is punishable under Section 342(2) BNS with imprisonment of either description for up to seven years, and he is also liable to fine.

When This Does Not Apply

  • Counterfeiting an authenticating device or mark used for a valuable security, a will or another document described in Section 338 BNS, which is punishable under Section 342(1) BNS
  • Possessing marked material without any intention that the mark shall be used to give the appearance of authenticity to a forged document
  • Material bearing an authenticating device or mark produced under genuine lawful authority
  • Forging a document without counterfeiting any authenticating mark or device in or upon the underlying material

Previous Law

IPC 476 → Section 342(2) BNS

Section 476 IPC corresponds to Section 342(2) BNS. The statutory wording and prescribed penalty of 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 342(2) BNS consolidates this provision with Section 475 IPC, which covers authenticating devices for documents described in Section 467 IPC and becomes Section 342(1) BNS.

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