Section 475 IPC: Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

Indian Penal Code, 1860

Section 475 IPC at a Glance

Section 475 IPC deals with counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 342(1) BNS.

Punishment

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

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜

Section 475 IPC Bare Act Text

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 this Code, 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.

Source: Section 475, Indian Penal Code, 1860

Section 475 IPC in Simple Words

Section 475 of the Indian Penal Code (IPC) punishes counterfeiting, upon or in the substance of any material, any device or mark used for the purpose of authenticating any document described in Section 467 IPC, such as a valuable security or a will. The offender must act with the intention 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.

The section equally punishes having possession of any material upon or in the substance of which such a device or mark has been counterfeited, accompanied by the same fraudulent intention. 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.

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 475 IPC is non-cognizable and bailable, and it is triable by a Magistrate of the first class. The offence is not compoundable under Section 320 CrPC.

Ingredients of Section 475 IPC

  • The accused counterfeited, upon or in the substance of any material, an authenticating device or mark used for documents described in Section 467 IPC, or possessed material upon or in the substance of which such a device or mark had been counterfeited
  • The accused acted with the intention that the device or mark should be used for giving the appearance of authenticity to a document then forged or thereafter to be forged on such material

Punishment Under Section 475 IPC

Imprisonment

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

Fine

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

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜

Section 475 IPC 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 Code of Criminal Procedure, 1973, the offence is non-cognizable, bailable and triable by a Magistrate of the first class. It is not compoundable.

Example of Section 475 IPC

In 2018, in Surat, Pranav wove a counterfeit metallic crest into the fibre of parchment sheets in his warehouse. That metallic crest was the official authenticating device used by an industrial corporation on its bearer share warrants, which are valuable securities described in Section 467 IPC. Pranav counterfeited the device in the substance of the parchment and possessed the sheets intending that forged share warrants would later be printed on them with the appearance of authenticity. Because Pranav counterfeited the authenticating mark in the material and possessed it with that intent, Pranav is punishable under Section 475 IPC.

When Section 475 IPC Does Not Apply

  • The counterfeited device or mark is used to authenticate ordinary documents or records rather than wills, valuable securities, or other documents described in Section 467 IPC, which falls under Section 476 IPC.
  • A person holds material bearing a counterfeit authenticating mark without intending that the mark be used to make a present or future forged document appear authentic.
  • The authenticating device or mark on the material is genuine and was applied with lawful authority.
  • Someone forges a valuable security or will on plain material without counterfeiting or possessing any authenticating mark or device upon or in the substance of that material.

Section 475 IPC in the BNS

Section 475 IPC is now covered under 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.

View detailed comparison (IPC 475 vs BNS 342(1)) โ†’

FAQs on Section 475 IPC

What punishment does Section 475 IPC prescribe?โ–ผ

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 Section 475 IPC bailable?โ–ผ

Yes. The First Schedule to the Code of Criminal Procedure, 1973 lists Section 475 IPC as bailable, so the accused is entitled to bail as of right despite the potential life sentence. It is non-cognizable and triable by a Magistrate of the first class.

What are the essential ingredients of Section 475 IPC?โ–ผ

The prosecution must prove that the accused counterfeited an authenticating device or mark for a Section 467 IPC document on or in some material, or possessed such marked material, and intended it to be used to give the appearance of authenticity to a forged document.

Must a completed forged document already exist for Section 475 IPC to apply?โ–ผ

No. The statute applies to a document then forged or thereafter to be forged on the material. Counterfeiting the authenticating mark or possessing the marked material with the requisite intent completes the offence.

Under Section 475 IPC, what offence applies if the authenticating mark is for an ordinary document?โ–ผ

If the mark is used to authenticate documents other than those described in Section 467 IPC, Section 476 IPC applies. Section 476 IPC provides imprisonment of either description for up to seven years and liability to fine, and it is non-bailable under the First Schedule.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท