BNS Section 342 — Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
Criminal
Summary
Sub-section (1) covers counterfeiting a device or mark that is used to authenticate documents described in section 338, or possessing material with such a counterfeit device or mark on it. The offence applies when the person does this intending that the device or mark will give a forged document, whether already forged or to be forged later on that material, the appearance of being authentic. The punishment for this is imprisonment for life, or imprisonment of either description for a term that may extend to seven years, and the person is also liable to a fine.
Sub-section (2) covers the same actions—counterfeiting a device or mark on any material, or possessing material with such a counterfeit device or mark—but for authenticating any document or electronic record other than the documents described in section 338. The intent required is the same: that the device or mark will give a forged document, whether already forged or to be forged later on that material, the appearance of being authentic. The punishment for this is imprisonment of either description for a term that may extend to seven years, and the person is also liable to a fine.
Official Text
(1) 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.
(2) 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.
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)