BNS Section 342 – Counterfeiting device or mark used for authenticating documents described in section 336, or possessing counterfeit marked material
The Indian Penal Code (IPC) Section – 475,476
Understanding Bharatiya Nyaya Sanhita (BNS) Section 342: Counterfeiting Marks or Devices for Fraud
What is the Crime?
This section covers two situations:
- Creating fake marks/devices for serious documents (linked to Section 336):
- Example: Making a fake government watermark to forge land records.
- Punishment: Life imprisonment OR up to 7 years in jail + fine.
- Creating fake marks/devices for other documents (not linked to Section 336):
- Example: Making a fake company logo to forge job certificates.
- Punishment: Up to 7 years in jail + fine.
Key Points in Simple Table
| Crime | Punishment | Police Action | Bail? | Trial Court |
|---|---|---|---|---|
| Making fake marks for serious documents | Life OR 7 years jail + fine | Non-cognizable | Bailable | First Class Magistrate |
| Making fake marks for other documents | Up to 7 years jail + fine | Non-cognizable | Non-bailable | First Class Magistrate |
What Does “Counterfeiting Marks/Devices” Mean?
- Marks/Devices: These are special symbols, watermarks, logos, or stamps used to prove a document is real.
- Counterfeiting: Creating fake copies of these marks/devices to make forged documents look genuine.
Why is This Law Important?
- Fake marks/devices 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: Ramesh creates a fake government watermark to forge land records. He can face life in jail or up to 7 years + fine.
- Example 2: Priya makes a fake university logo to forge degree certificates. She can get up to 7 years in jail + fine.
Conclusion
BNS Section 342 strictly punishes those who create or keep fake marks/devices to make forged documents look real. Depending on the crime, punishment ranges from 7 years to life imprisonment. Always verify marks/devices on important documents to avoid legal trouble.
