Indian criminal law | Forgery offences
IPC Section 473: Counterfeit Seal or Instrument Intended for Forgery - BNS Section 341(2)
Section 473 of the Indian Penal Code, 1860 concerns making or possessing a counterfeit seal, plate or other instrument with the intention that it be used for a forgery offence other than the aggravated forgery specified in IPC Section 467. Its corresponding modern provision is Section 341(2) of the Bharatiya Nyaya Sanhita, 2023.
Text of IPC Section 473
Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
BNS Section 341(2): Corresponding law
Section 341 of the Bharatiya Nyaya Sanhita deals with counterfeit seals, plates and other instruments used to make impressions for the purpose of forgery. Section 341(2) addresses making or counterfeiting such an instrument, or possessing it with the requisite knowledge and intent, where the intended forgery falls outside the aggravated category addressed by Section 341(1), read with Section 338.
The distinction is important: the more serious category involving valuable securities, wills and related documents is dealt with separately. Section 341(2) carries imprisonment of either description for up to seven years and liability to a fine.
Essential ingredients of the offence
- Counterfeit instrument: The subject must be a seal, plate or another instrument for making an impression that is made or counterfeited, or knowingly possessed in counterfeit form.
- Specific intent: It must be intended for use in committing the relevant category of forgery.
- Knowledge in possession cases: A person charged on the basis of possession must know that the seal, plate or instrument is counterfeit.
- Applicable forgery category: The intended forgery must fall within the statutory category covered by this provision rather than the aggravated category relating to valuable securities and similar documents.
Prosecution must establish the relevant statutory elements through admissible evidence. Mere possession of a genuine seal, without the required circumstances, does not establish this offence.
Meaning of key legal terms
Counterfeit seal or plate
A false or imitative seal, plate or impression-making device intended to create an apparently authentic impression. Whether an object falls within the statutory language depends on its nature and use.
Forgery
Forgery concerns making a false document or electronic record with the legally specified fraudulent or dishonest purpose. Under the BNS, the provisions on making a false document and forgery appear in Sections 335 and 336.
Intent to commit forgery
The mental element concerns the intended use of the counterfeit instrument for a forgery offence. Proof of that intent may depend on the surrounding circumstances, communications and other evidence.
Illustrative examples
- A person manufactures a counterfeit office stamp intending to authenticate fabricated routine certificates as genuine. The applicable provision depends on the nature of the intended forgery and the evidence of intent.
- A person knowingly keeps a counterfeit impression-making plate to prepare false business documents. The required knowledge and intent must be established.
- A person possesses an authentic office seal for legitimate duties. Possession alone does not meet the counterfeit-instrument and intent requirements.
Examples are illustrative and are not substitutes for a fact-specific legal assessment.
IPC Section 472 versus Section 473
| Issue | IPC Section 472 | IPC Section 473 |
|---|---|---|
| Intended forgery | Forgery punishable under IPC Section 467 | Forgery punishable under another section of the relevant chapter |
| Corresponding BNS provision | Section 341(1) | Section 341(2) |
| Punishment | Life imprisonment or imprisonment up to seven years, plus fine | Imprisonment up to seven years, plus fine |
Investigation, evidence and procedure
Cases may involve physical seals or plates, sample impressions, handwriting or forensic comparisons, seizure records and evidence of knowledge or intention. Questions of arrest, bail, investigation and trial must be examined under the Bharatiya Nagarik Suraksha Sanhita, 2023 and its applicable schedules, taking account of the actual offence alleged and any additional charges. Classification should not be inferred from the maximum punishment alone.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - India Code PDF
- India Code - Central legislation database
- Ministry of Home Affairs - criminal law implementation and notifications
Frequently asked questions
What is IPC Section 473?
It concerns making or counterfeiting a seal, plate or other impression-making instrument, or knowingly possessing such a counterfeit instrument with the required intent, to commit forgery punishable under provisions other than IPC Section 467.
Which BNS provision corresponds to IPC Section 473?
Section 341(2) of the Bharatiya Nyaya Sanhita, 2023 addresses the corresponding offence. The BNS generally applies to offences committed on or after 1 July 2024, subject to applicable savings and transitional provisions.
What is the punishment?
The punishment under IPC Section 473 and corresponding BNS Section 341(2) is imprisonment of either description for up to seven years and liability to a fine.
Is merely possessing an ordinary seal an offence?
No. The provision requires the specified counterfeit instrument and the requisite knowledge and intention. Innocent possession of a genuine seal is not, by itself, sufficient.
How is Section 473 different from Section 472?
IPC Section 472 concerns counterfeit instruments intended for forgery punishable under IPC Section 467, whereas Section 473 concerns other forgery offences. Under the BNS these are addressed in different sub-sections of Section 341.
This article provides general statutory information. The applicable provision and legal consequences depend on the date of the alleged act, the facts and any other charged offences.