What Is BNS Section 341?

Bharatiya Nyaya Sanhita, 2023 - Section 341: Making or Possessing Counterfeit Seal, etc., with Intent to Commit Forgery Punishable Under Section 338

(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.

Brief Detail

BNS Section 341 addresses the creation and possession of counterfeit seals, plates, or instruments, defining the penalties for various offenses related to forgery.

Question & Answers

Q1: What does Section 341 define regarding counterfeit seals?

A1: Section 341 defines the making or counterfeiting of seals, plates, or instruments with the intent to commit forgery and outlines the associated penalties.

Q2: What are the penalties for making a counterfeit seal intended for forgery under Section 341?

A2: The penalties include imprisonment for life or for a term up to seven years, along with a fine if the counterfeit seal is intended for forgery punishable under section 338.

Q3: Is mere possession of a counterfeit seal punishable under Section 341?

A3: Yes, possessing a counterfeit seal or instrument knowing it to be counterfeit is punishable with imprisonment for up to three years and a fine.

Q4: What happens if someone uses a counterfeit seal believing it to be genuine?

A4: If someone uses a counterfeit seal or instrument knowing or believing it to be counterfeit, they will face the same penalties as if they had made or counterfeited the seal or instrument.

Example

For instance, if E creates a counterfeit government seal intending to use it on official documents to defraud others, E is committing an offense under Section 341.

Summary

BNS Section 341 outlines the legal ramifications of making or possessing counterfeit seals, emphasizing the seriousness of such actions in relation to forgery.