BNS Section 341 – Making or possessing counterfeit seal, etc, with intent to commit forgery punishable under section 336
The Indian Penal Code (IPC) Section – 472,473 (New Provisions)
Understanding Bharatiya Nyaya Sanhita (BNS) Section 341: Making or Keeping Fake Stamps/Seals to Commit Fraud
What is the Crime?
This section covers four situations:
- Making fake stamps/seals to commit serious forgery (linked to Section 336):
- Example: Creating a fake government stamp to forge land documents.
- Punishment: Life imprisonment OR up to 7 years in jail + fine.
- Making fake stamps/seals for other types of forgery (not linked to Section 336):
- Example: Making a fake company seal to forge job offer letters.
- Punishment: Up to 7 years in jail + fine.
- Keeping fake stamps/seals (knowing they are fake):
- Example: Holding a fake court stamp without using it.
- Punishment: Up to 3 years in jail + fine.
- Using fake stamps/seals as real (knowing they are fake):
- Example: Using a counterfeit university seal to mark fake certificates.
- Punishment: Same punishment as the person who made the fake stamp/seal.
Key Points in Simple Table
| Crime | Punishment | Police Action | Bail? | Trial Court |
|---|---|---|---|---|
| Making fake stamps for serious forgery | Life OR 7 years jail + fine | Cognizable | Bailable | First Class Magistrate |
| Making fake stamps for other forgery | Up to 7 years jail + fine | Cognizable | Bailable | First Class Magistrate |
| Keeping fake stamps | Up to 3 years jail + fine | Cognizable | Bailable | First Class Magistrate |
| Using fake stamps as real | Same as punishment for making the fake item | Cognizable | Bailable | First Class Magistrate |
Why is This Law Important?
- Fake stamps/seals are often used to create forged documents (like property papers, certificates, etc.).
- This law stops people from creating or using such tools to cheat others.
Real-Life Examples
- Example 1: Ram makes a fake government stamp to sell someone else’s land. He can face life in jail or up to 7 years + fine.
- Example 2: Sita keeps a fake company seal (knowing it’s fake) but doesn’t use it. She can get up to 3 years in jail + fine.
Conclusion
BNS Section 341 strictly punishes those who make, keep, or use fake stamps/seals for fraud. Depending on the crime, punishment ranges from 3 years to life imprisonment. Always verify stamps/seals on important documents to avoid legal trouble.
For legal help, consult a qualified lawyer.