IPC Section 476 — Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material
offences relating to documents and to property marks
Criminal
Punishment
Imprisonment up to 7 years and fine
As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”
Summary
This section makes it a crime to fake a security feature—like a stamp, seal, or watermark—that is used to prove a document or electronic record is real, as long as that document is not one of the specific types covered under section 467. It also makes it a crime to possess any material that already has such a fake security feature on it, if you intend to use it to make a forged document look real. The punishment for this offence can be up to seven years in prison, along with a fine.
Official 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 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.
Sections referred to
Related Judgments
- S. L. GOSWAMI vs HIGH COURT OF MADHYA PRADESH AT JABALPUR — Supreme Court of India (1978)
- THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA vs VIMAL KUMAR SURANA AND ANOTHER — Supreme Court of India (2010)
- SHYNI VARGHESE & ORS. vs STATE (GOVT. OF NCT OF DELHI) & ANR — Delhi High Court (2008)
Old <-> New Code Mapping
- BNS §342 — Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material