Launch offer — up to 85% off across all services | Free Educational Brief with every drafting order | Claim it →

Bharatiya Nyaya Sanhita, 2023 Chapter XVIII · Of Offences Relating to Documents and to Property Marks
← Previous Section 341 of 358 Next →
Bharatiya Nyaya Sanhita, 2023 — Section 341

Making or Possessing Counterfeit Seal, etc., with Intent to Commit Forgery Punishable under Section 338

Section 341 deals with counterfeit seals, plates and other instruments for making an impression. Sub-sections (1) and (2) punish making or counterfeiting one, or possessing one knowing it to be counterfeit, with intent to commit forgery (life or up to seven years for a Section 338 forgery, up to seven years otherwise). Sub-section (3) punishes possessing a counterfeit instrument knowing it to be counterfeit (up to three years), and sub-section (4) punishes using one as genuine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 341 carries no Change marker in the concordance, which lists sub-sections (1) and (2) against two IPC sections and marks (3) and (4) “New Sub-Section”; classed at section level as Substantively changed on Lexovia's own comparison of the two texts (each row below carries its own badge) — two separate sections of the old Indian Penal Code, 1860 are brought together in this one section (a 2→1 merger), and alongside that structural change two further sub-sections, (3) and (4), are new provisions with new punishments. Sub-sections (1) and (2) themselves differ from IPC Sections 472 and 473 only in cross-references and drafting; the substantive change lies in (3) and (4):

BNS sectionIPC, 1860 equivalentCategory
341(1)S.472 “Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467”Exact
341(2)S.473 “Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise”Exact
341(3)None — marked “New Sub-Section” in the concordanceNo predecessor
341(4)None — marked “New Sub-Section” in the concordanceNo predecessor

Structure — a 2→1 merger at section level, in which sub-section (1) corresponds to IPC Section 472 and sub-section (2) to IPC Section 473; substance — sub-sections (1) and (2) differ from their IPC counterparts only in drafting (the updated cross-reference and “punished” for “punishable”), so each is Exact; sub-sections (3) and (4) are new, with no counterpart in either IPC section, so each has no predecessor. A word-by-word comparison of the two texts shows exactly these differences. (1) against IPC Section 472: the cross-reference “section 467 of this Code” becomes “section 338 of this Sanhita”, and the IPC's “shall be punishable with” reads “shall be punished with” in the BNS; the punishment is the same (imprisonment for life, or imprisonment of either description for up to seven years, and fine). The IPC copy marks “imprisonment for life” with a footnote recording the substitution for “transportation for life” by Act 26 of 1955; the words themselves are the same. (2) against IPC Section 473: the only difference is that “section 467” becomes “section 338”; the punishment (imprisonment of either description for up to seven years, and fine) is the same. The marginal heading is also the same as the IPC Section 472 heading, apart from the section number it names. (3) and (4) are new: the concordance marks both “New Sub-Section”, and neither has a counterpart in the text of IPC Sections 472 and 473. Sub-section (3) adds a punishment (imprisonment of either description for up to three years, and fine) for possessing a seal, plate or other instrument knowing it to be counterfeit, and its words carry no requirement of intent to commit forgery. Sub-section (4) adds a punishment for fraudulently or dishonestly using as genuine a seal, plate or other instrument known to be counterfeit, or which the user has reason to believe to be counterfeit, in the same manner as if the user had made or counterfeited it.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

341(1) — intent to commit a forgery punishable under Section 338: “Imprisonment for life, or imprisonment for 7 years and fine.” · Cognizable · Bailable · triable by a Magistrate of the first class.
341(2) — intent to commit a forgery punishable otherwise than under Section 338: “Imprisonment for 7 years and fine.” · Cognizable · Bailable · triable by a Magistrate of the first class.
341(3) — possessing a counterfeit seal, plate or other instrument, knowing it to be counterfeit: “Imprisonment for 3 years and fine.” · Cognizable · Bailable · triable by a Magistrate of the first class.
341(4) — using as genuine a counterfeit seal, plate or other instrument: “Same as if he had made or counterfeited such seal, plate or other instrument.” (First Schedule wording; the statute’s own clause reads “punished in the same manner as if he had made or counterfeited such seal, plate or other instrument”) · Cognizable · Bailable · triable by a Magistrate of the first class.
Punishment wording above is quoted from the First Schedule. In 341(1) to (3) the statute’s own clause reads “imprisonment ... for a term which may extend to” the stated number of years “and shall also be liable to fine”, so the Schedule’s years are read as maximum terms and its “and fine” corresponds to “also liable to fine”.
None of the four sub-sections is compoundable (Section 341 appears in neither compounding table of BNSS Section 359).

Statutory Text (Verbatim)

(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: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

(1) Counterfeit seal, plate or instrument intended for a Section 338 forgery

Explanation (Lexovia's Commentary)

Sub-section (1) is directed at the tools of forgery where the intended forgery is one punishable under Section 338. It has two limbs: (i) making or counterfeiting any seal, plate or other instrument for making an impression, and (ii) possessing any such seal, plate or other instrument, with the intent described, knowing it to be counterfeit. In both limbs the accused must intend that the instrument “shall be used for the purpose of committing any forgery which would be punishable under section 338”, that is, forgery of one of the documents listed in Section 338 (in outline: valuable securities, wills, authorities to adopt a son, authorities to deal with valuable securities, money or movable property, and receipts and acquittances for money or for delivery of property). “Counterfeit” is defined in Section 2(4): a person is said to counterfeit who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. Explanation 1 to that clause says it is not essential that the imitation be exact, and Explanation 2 says that where the resemblance is such that a person might be deceived, it is presumed, until the contrary is proved, that the person who caused the resemblance had that intention or knowledge. “Seal”, “plate” and “instrument for making an impression” are not defined in Section 2.

The offence is described in terms of intent: the words are “intending that the same shall be used”, and nothing in the sub-section says that a forgery must actually have been committed with the instrument. Sub-sections (1) and (2) differ in the class of forgery the accused has in mind. Sub-section (1) is for a forgery punishable under Section 338, and carries imprisonment for life, or imprisonment of either description for up to seven years, and fine. Sub-section (2) is for a forgery punishable under any other section of the Chapter, and carries imprisonment of either description for up to seven years and fine, without the life-imprisonment alternative. Sub-section (3) also speaks of possession, but without any intent to commit forgery being stated in its words.

Illustration (Lexovia's Own Example)
Lata runs a small money-lending office. She pays an engraver to cut a rubber stamp that reproduces the seal which the Shree Balaji Credit Society puts on the receipts it issues when it receives money, intending to stamp forged receipts with it, each acknowledging that a borrower has paid a sum to the society, so that borrowers who have not paid can be shown as having paid. Lata has caused the stamp to resemble the society's real seal, intending by that resemblance to practise deception, so the stamp is counterfeit within Section 2(4), and it is an instrument for making an impression. She intends it to be used to commit forgery of documents purporting to be receipts acknowledging the payment of money, a description listed in Section 338, so that the forgery she has in mind would be punishable under Section 338. She falls within the first limb of sub-section (1), which prescribes the higher punishment.

(2) Counterfeit seal, plate or instrument intended for any other forgery in the Chapter

Explanation (Lexovia's Commentary)

Sub-section (2) has the same structure as sub-section (1): making or counterfeiting a seal, plate or other instrument for making an impression, or possessing one with that intent, knowing it to be counterfeit. The difference lies in the intended forgery, which must be one “punishable under any section of this Chapter other than section 338”. The Chapter is Chapter XVIII (Of Offences Relating to Documents and to Property Marks). Forgeries punishable under sections of this Chapter other than Section 338 include, for example, forgery punishable under Section 336(2), (3) or (4) (general forgery, forgery for the purpose of cheating, and forgery intended to harm reputation) and forgery punishable under Section 337 (court records, public registers, identity documents issued by Government, certificates or documents purporting to be made by a public servant in his official capacity, powers of attorney and the other documents it lists). The punishment is imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.

Sub-section (2) applies to the same conduct as sub-section (1) where the intended forgery is punishable under some section of the Chapter other than Section 338; which of the two sub-sections is engaged depends on the document the instrument was intended to be used to forge. The meaning of “counterfeit” is the same (Section 2(4)), and the sub-section carries the same intent-based structure, so nothing in it requires that a forgery actually have been committed. The First Schedule prints sub-section (2) as cognizable and bailable, and triable by a Magistrate of the first class; it is not compoundable.

Illustration (Lexovia's Own Example)
Vikram has a brass stamp cut that imitates the seal of a district revenue office, intending to use it to forge income certificates that purport to have been issued by that office and to sell them to applicants. Vikram has made a stamp that resembles the office's real seal, intending by that resemblance to practise deception, so it is a counterfeit instrument for making an impression within Section 2(4). The documents he intends to forge are certificates purporting to be made by a public servant in his official capacity, a description listed in Section 337 and not in Section 338. The forgery he intends is therefore punishable under a section of the Chapter other than Section 338, so sub-section (2) applies, and the punishment is imprisonment of either description for up to seven years and fine, without the life-imprisonment alternative.

(3) Possessing a counterfeit seal, plate or instrument, knowing it to be counterfeit

Explanation (Lexovia's Commentary)

Sub-section (3) is new in the BNS; the concordance marks it “New Sub-Section”. It provides that whoever “possesses any seal, plate or other instrument knowing the same to be counterfeit” shall be punished with imprisonment of either description for up to three years, and fine. Unlike sub-sections (1) and (2), whose possession limbs are qualified by the words “with such intent”, the words of sub-section (3) contain no requirement that the possessor intends to commit forgery. The mental element the words do require is knowledge that the instrument is counterfeit. “Possession” is not defined in Section 2; the sub-section uses the word without qualification. Sub-section (3) also does not repeat the phrase “for making an impression” used in sub-sections (1) and (2). The instrument must still be “counterfeit” within Section 2(4). The ceiling of three years is lower than the seven-year ceiling of sub-sections (1) and (2).

Where the possessor does intend forgery, sub-sections (1) and (2) address that intent expressly and prescribe the heavier punishment; sub-section (3) is the provision whose words do not mention any such intent. Under the BNSS First Schedule, sub-section (3) is cognizable and bailable, and triable by a Magistrate of the first class; it is not compoundable.

Illustration (Lexovia's Own Example)
Imran's friend, who is winding up a printing press, gives him a brass seal that was cut to imitate the official seal of a municipal corporation, so that documents could be made to look officially sealed. Imran knows this. He puts it in a drawer at his shop as a curiosity. He has no plan to forge any document with it and he never uses it, and he did not make or counterfeit it himself. Sub-sections (1) and (2) do not apply, because he neither made nor counterfeited the seal and has no intention of using it to commit forgery; sub-section (4) does not apply, because he has not used it. On the words of sub-section (3), which contain no requirement of intent to commit forgery, his possession of an instrument that he knows to be counterfeit falls within it, and the punishment is imprisonment of either description for up to three years, and fine.

(4) Using a counterfeit seal, plate or instrument as genuine

Explanation (Lexovia's Commentary)

Sub-section (4) is also new; the concordance marks it “New Sub-Section”. It punishes a person who “fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit”. The ingredients are: fraudulent or dishonest use (Section 2(9) and Section 2(7)); use as genuine; and knowledge or reason to believe that the instrument is counterfeit (“reason to believe” is defined in Section 2(29) as sufficient cause to believe a thing but not otherwise). The mental element is wider than in sub-section (3), which speaks only of knowing.

The punishment is stated by reference: the user “shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument”. The punishment for making or counterfeiting is set by sub-sections (1) and (2) in two tiers, and sub-section (4) does not itself say which tier applies to a user; the BNSS First Schedule row for it repeats the words “same as if he had made or counterfeited such seal, plate or other instrument”. The First Schedule prints sub-section (4) as cognizable and bailable, triable by a Magistrate of the first class; it is not compoundable. The sub-section is about the use of the instrument itself; whether a document stamped or impressed with it is also a forged document depends on Sections 335 and 336 and on the facts of the case.

Illustration (Lexovia's Own Example)
Sameer buys a rubber stamp from a street vendor and knows that it was made to imitate the seal of a sub-registrar's office so that papers could be made to look officially stamped. To make a letter look as if it had been officially stamped, he presses the stamp on the letter and hands the letter to a bank manager, presenting the stamp mark as the genuine seal of the sub-registrar's office, so that the bank will accept the letter and release a payment to him. Sameer has fraudulently used as genuine an instrument that he knows to be counterfeit, which is the conduct sub-section (4) is directed at. Making or possessing such an instrument is dealt with separately in sub-sections (1) to (3); because Sameer also holds the stamp knowing it to be counterfeit, sub-section (3) could apply to that possession as well, but what engages sub-section (4) is the use. He is to be punished in the same manner as if he had made or counterfeited the stamp. Whether the stamped letter is also a forged document depends on Sections 335 and 336 and on the facts of the case, and is not addressed here.
Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

What is the punishment under BNS Section 341?

It depends on the sub-section. Sub-section (1) (intent to commit a forgery punishable under Section 338): imprisonment for life, or imprisonment of either description for up to seven years, and fine. Sub-section (2) (intent to commit any other forgery in the Chapter): imprisonment of either description for up to seven years and fine. Sub-section (3) (possessing a counterfeit instrument knowing it to be counterfeit): up to three years and fine. Sub-section (4) (using one as genuine): the same as if he had made or counterfeited it.

Is Section 341 bailable, and which court tries it?

Under the First Schedule to the BNSS, each of sub-sections (1) to (4) is cognizable and bailable, and triable by a Magistrate of the first class. None is compoundable under BNSS Section 359.

What counts as a “counterfeit” seal or plate?

Section 2(4) defines counterfeiting: a person counterfeits who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. The imitation need not be exact, and there is a presumption in the circumstances set out in Explanation 2 to that clause.

Can I be punished for merely possessing a counterfeit seal?

Sub-section (3) punishes possessing a seal, plate or other instrument knowing it to be counterfeit, with imprisonment of up to three years and fine, and its words do not require an intent to commit forgery. Sub-sections (1) and (2) apply where the possessor also has the intent to use it for forgery.

Has anything changed from IPC Sections 472 and 473?

Yes. The two IPC sections are combined as sub-sections (1) and (2), with the cross-reference changed from IPC Section 467 to BNS Section 338, and the punishments are the same. Sub-sections (3) and (4) are new.

← Previous Section 341 of 358 Next →
Spotted something that looks outdated because of a recent amendment, mismatched, or just a typographical error? Email us or message us on Instagram — it helps us keep this page accurate for everyone who reads it after you.