What Is BNS Section 342?

Bharatiya Nyaya Sanhita, 2023 - Section 342: Counterfeiting Device or Mark Used for Authenticating Documents Described in Section 338, or Possessing Counterfeit Marked Material

(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.

Brief Detail

BNS Section 342 pertains to the counterfeiting of devices or marks used for authenticating documents, detailing penalties for related offenses.

Question & Answers

Q1: What does Section 342 address regarding counterfeiting?

A1: Section 342 addresses the counterfeiting of devices or marks that authenticate documents described in section 338 and outlines the penalties for such actions.

Q2: What penalties apply for counterfeiting authentication marks under Section 342?

A2: The penalties include imprisonment for life or a term up to seven years, along with a fine, depending on the specific circumstances of the counterfeiting.

Q3: Does possession of counterfeit marked material also incur penalties under this section?

A3: Yes, possessing material that has been counterfeited with an authentication mark incurs penalties similar to those for actively counterfeiting such marks.

Q4: Are there different penalties for counterfeiting marks on documents other than those described in section 338?

A4: Yes, the penalties for counterfeiting marks on documents other than those in section 338 may include imprisonment for a term up to seven years and a fine.

Example

For example, if D counterfeits a government seal on a document intended to appear legitimate but is actually forged, D is committing an offense under Section 342.

Summary

BNS Section 342 outlines the legal consequences of counterfeiting marks used for document authentication, emphasizing the serious implications of such offenses.