(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 Section 476 in BNS: Section 342(2)
Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material
Section 476 of the Indian Penal Code, 1860 (Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material) corresponds to Section 342(2) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 342(2) is non-cognizable, non-bailable, triable by Magistrate of the first class; punishment: Imprisonment for 7 years and fine.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 342(2)
Full BNS Section 342 and every IPC section it replaced →
Other IPC sections now in BNS 342
- IPC 475: Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material → BNS 342
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