IPC Section 475: Counterfeit Authentication Devices and Marks - BNS Section 342(1)

Section 475 of the Indian Penal Code, 1860 addressed counterfeiting a device or mark used to authenticate valuable securities, wills and other protected documents, or possessing material bearing such a counterfeit mark with the intention of making a forged document appear authentic. Its corresponding provision is Section 342(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Text of Section 475 of the Indian Penal Code

The original provision states:

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 467 of this Code, 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.

Corresponding law: Section 342(1) of the Bharatiya Nyaya Sanhita

Section 342(1) substantially carries forward the former offence. It concerns counterfeiting a device or mark upon or within material used to authenticate a document described in BNS Section 338, with the intention of giving an appearance of authenticity to a document already forged or to be forged on that material. It also covers possessing material bearing the counterfeit device or mark with that intention.

Section 338 covers specified important documents, including valuable securities, wills, authorities to adopt and documents relating to receipt or transfer of money, property or valuable securities. The reference to IPC Section 467 in the earlier law is now to BNS Section 338.

Essential ingredients of the offence

1. Counterfeit authentication device or mark: a device or mark used to authenticate a document in the protected category is counterfeited on or within material.
2. Connection with a protected document: the device or mark relates to a document of the kind described in IPC Section 467 or, under the BNS, Section 338.
3. Specific intention: the mark is intended to give an appearance of authenticity to a document that has been or will be forged on the material.
4. Possession alternative: the provision also applies to possession of material bearing the counterfeit mark where that same intention is established.

The prosecution must establish the applicable elements on the evidence. The mere presence of a mark, without the required counterfeit character and intention, does not automatically prove the offence.

Punishment under IPC 475 and BNS 342(1)

The punishment is imprisonment for life, or imprisonment of either description for a term up to seven years, and liability to fine. The statute provides alternatives: life imprisonment or a term of imprisonment up to seven years; it does not prescribe a mandatory seven-year minimum.

Difference between counterfeiting a seal and an authentication mark

BNS Section 341 concerns making or possessing counterfeit seals, plates or instruments with the specified intent to commit forgery. BNS Section 342 concerns counterfeiting a device or mark upon or within material used to authenticate documents, or possessing that counterfeit-marked material with the requisite intent. The relevant facts determine which provision may apply.

Illustrative examples

• A person counterfeits a special authentication mark on paper intending to produce a forged will that appears genuine. Depending on the evidence, BNS Section 342(1) may be attracted.
• A person keeps paper bearing a counterfeit authentication mark intending to use it to prepare a forged valuable security. The possession limb may apply if the required elements are established.
• A person holds an ordinary document with a genuine mark and no intention to forge anything. Those facts alone do not satisfy this provision.

Related legal provisions

IPC Section 467 and BNS Section 338 address forgery of valuable securities, wills and specified documents. IPC Section 472 and BNS Section 341(1) concern counterfeit seals and instruments for that kind of forgery. IPC Section 476 corresponds to BNS Section 342(2), covering other documents or electronic records.

Official legal references

Consult the India Code legislative database for the Bharatiya Nyaya Sanhita, 2023 and the Indian Penal Code, 1860. The Bureau of Police Research and Development BNS text and comparison and the official IPC-BNS comparison published by Uttar Pradesh Police also identify the correspondence. The e-Gazette provides notifications and authoritative publications.

Frequently asked questions

Legal information is general in nature. Applicability depends on the date of the alleged act, the charged offence and the available evidence.