Which IPC section is BNS 342?

BNS 342 replaces IPC 475, IPC 476.

What is the punishment under BNS 342?

342(1): Imprisonment for life, or imprisonment for 7 years and fine. 342(2): Imprisonment for 7 years and fine.

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BNS Section 342: Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material

Section 342 of the Bharatiya Nyaya Sanhita, 2023 deals with counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material. It replaces IPC 475, IPC 476 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 342(1) is non-cognizable and bailable; 342(2) is non-cognizable and non-bailable.

Bail, cognizability and punishment

Section	Offence	Punishment	Cognizable	Bailable	Triable by
342(1)	Counterfeiting a device or mark used for authenticating documents described in section 338 or possessing counterfeit marked material.	Imprisonment for life, or imprisonment for 7 years and fine.	Non-cognizable	Bailable	Magistrate of the first class
342(2)	Counterfeiting a device or mark used for authenticating documents other than those described in section 338 or possessing counterfeit marked material.	Imprisonment for 7 years and fine.	Non-cognizable	Non-bailable	Magistrate of the first class

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 342

342. (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.

IPC sections replaced

IPC 475: Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material
IPC 476: Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material → BNS 342(2)

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