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

Read the complete details of Section 342 of the Bharatiya Nyaya Sanhita (BNS) 2023: Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material. Includes bare act, punishment, bail status, and trial court information.

Bare Act Text

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.

Procedural Details

Punishment

Life Imprisonment or Imprisonment up to Seven Year(s) + Fine

Nature of Offense

Cognizable

Bail Eligibility

Non-bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Court of Session

Frequently Asked Questions about BNS Section 342

According to the official bare act, this legal offense is defined as: 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.
The punishment for this specific offense is outlined under the new law as: Life Imprisonment or Imprisonment up to Seven Year(s) + Fine
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Cases pertaining to this specific BNS section are triable by the Court of Session.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

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