Section 476 IPC: Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

Indian Penal Code, 1860

Section 476 IPC at a Glance

Section 476 IPC deals with counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material. It is non-bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 342(2) BNS.

Punishment

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

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

BNS Equivalent

Section 342(2) →

Section 476 IPC Bare Act Text

476. Counterfeiting device or mark used for authenticating documents other than those 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 or electronic record other than the documents 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 of either description for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 476, Indian Penal Code, 1860

Section 476 IPC in Simple Words

Section 476 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 or electronic record other than those described in Section 467 IPC. The accused must act with the intention that the device or mark shall be used for giving the appearance of authenticity to any document then forged or thereafter to be forged on that 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 prescribed punishment is 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 476 IPC is non-cognizable and non-bailable, and it is triable by a Magistrate of the first class. The offence is not compoundable under Section 320 CrPC.

Ingredients of Section 476 IPC

The accused counterfeited, upon or in the substance of any material, an authenticating device or mark used for any document or electronic record other than one 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 476 IPC

Imprisonment

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.

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

Section 476 IPC 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 Code of Criminal Procedure, 1973, the offence is non-cognizable, non-bailable and triable by a Magistrate of the first class. It is not compoundable.

Example of Section 476 IPC

In 2020, in Mysuru, Girish stamped a counterfeit silver emblem onto blank plastic cards in his studio. The emblem replicated the authenticating mark used by a municipal corporation on its trade hygiene permits, which are documents other than those described in Section 467 IPC. Girish counterfeited the mark upon the plastic cards and kept them in his possession intending that forged hygiene permits would subsequently be created on those cards with the appearance of authenticity. Because Girish counterfeited the authenticating mark on the material and possessed it with that intent, Girish is punishable under Section 476 IPC.

When Section 476 IPC Does Not Apply

The counterfeited device or mark is used to authenticate a will, valuable security, or other document specified in Section 467 IPC, as that conduct is governed by Section 475 IPC instead of Section 476 IPC.
Someone possesses material containing a counterfeit authenticating mark without intending that it be used to give a present or future forged document the appearance of authenticity.
The authenticating mark or device on the material is genuine and was affixed with proper legal authority.
A person creates a forged document on unmarked material without counterfeiting or possessing any authenticating mark or device upon or in the substance of that material.

Section 476 IPC in the BNS

Section 476 IPC is now covered under 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.

View detailed comparison (IPC 476 vs BNS 342(2)) →

FAQs on Section 476 IPC

What punishment does Section 476 IPC prescribe?▼

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

Is Section 476 IPC bailable?▼

No. The First Schedule to the Code of Criminal Procedure, 1973 lists Section 476 IPC as non-bailable, so bail is at the discretion of the court. It is non-cognizable and triable by a Magistrate of the first class.

What are the essential ingredients of Section 476 IPC?▼

The prosecution must prove that the accused counterfeited an authenticating device or mark for a document or electronic record other than one described in Section 467 IPC, or possessed such marked material, intending it to give the appearance of authenticity to a forged document.

How is Section 476 IPC different from Section 475 IPC?▼

Section 475 IPC applies when the authenticating mark is for a document described in Section 467 IPC, such as a valuable security or a will, and carries life imprisonment or up to seven years and is bailable. Section 476 IPC applies to all other documents or electronic records, carries up to seven years imprisonment, and is non-bailable.

Must a completed forged document already exist for Section 476 IPC to apply?▼

No. The section covers a document then forged or thereafter to be forged on the material. Counterfeiting the mark or possessing the marked material with the required fraudulent intent completes the offence.

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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 · Last updated: 16 Oct 2026 ·