Indian criminal law | Forgery and counterfeit authentication marks
IPC Section 476: Counterfeiting Authentication Devices or Marks
Section 476 of the Indian Penal Code, 1860 dealt with counterfeiting devices or marks used to authenticate documents outside the special categories listed in IPC Section 467. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 342(2).
Section 476 IPC: Original statutory provision
Counterfeiting device or mark used for authenticating documents other than those described in Section 467, or possessing counterfeit marked material
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 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 of either description for a term which may extend to seven years, and shall also be liable to fine.
The reference to IPC Section 475 is important: that separate provision addresses authentication marks relating to the more serious document categories specified in IPC Section 467.
Corresponding provision: BNS Section 342(2)
Section 342(2) of the Bharatiya Nyaya Sanhita, 2023 addresses counterfeiting an authentication device or mark, or possessing counterfeit-marked material with the prescribed intent, in relation to documents or electronic records outside the special class dealt with in Section 342(1). The provision should be read together with the forgery definitions and related provisions in the BNS.
In this context, an authentication device or mark is a device, imprint or identifying mark used to signify that a document or electronic record is genuine. Counterfeiting means imitating such a mark or device so that it can falsely convey authenticity. These explanations describe the practical effect of the provision; the statutory text governs its application.
Essential ingredients of the offence
- A device or mark is used for authenticating a document or electronic record, other than one in the special category covered by the companion provision.
- The accused counterfeits the device or mark on or in material, or possesses material bearing such a counterfeit.
- The required intent is to give a forged document, existing or contemplated, an appearance of authenticity.
- In a possession case, the material and the accused's purpose must be assessed from the evidence; accidental or innocent possession is not automatically enough.
Illustrative examples
Example 1: A person creates a fake authentication stamp on stationery to make a forged routine certificate appear officially issued. The offence may be attracted if the statutory elements are established.
Example 2: A person knowingly keeps counterfeit-marked paper intending to use it to prepare apparently authenticated forged documents. The possession limb may apply even before the intended forged document is used.
Example 3: A person receives a marked document without knowledge of its counterfeit nature or any intention to support forgery. Mere receipt, without the necessary elements, does not itself establish this particular offence.
Punishment under IPC Section 476 and BNS Section 342(2)
| Provision | Conduct | Punishment |
|---|---|---|
| IPC Section 476 | Counterfeit authentication mark or device for other documents, or possession of counterfeit-marked material with requisite intent | Imprisonment of either description up to seven years, and fine |
| BNS Section 342(2) | Corresponding offence under the current penal code | Imprisonment up to seven years, and fine |
Whether any additional offence is made out depends on the underlying forgery, use of the forged record, the evidence and the facts of the case.
Difference between IPC Sections 475 and 476
| Feature | IPC Section 475 | IPC Section 476 |
|---|---|---|
| Document category | Documents described in IPC Section 467, including valuable securities and wills | Documents or electronic records other than the special Section 467 category |
| Corresponding BNS provision | Section 342(1) | Section 342(2) |
| Maximum imprisonment | Life imprisonment or imprisonment up to seven years, and fine | Imprisonment up to seven years, and fine |
Related provisions include IPC Section 472 and IPC Section 473, which deal with counterfeit seals and impression-making instruments.
Frequently asked questions
What is IPC Section 476?
IPC Section 476 criminalised counterfeiting an authentication device or mark on material, or possessing such material with the requisite intent, where the intended forged document is not of the category described in IPC Section 467.
What is the corresponding provision in BNS?
Section 342(2) of the Bharatiya Nyaya Sanhita, 2023, addresses the corresponding offence involving authentication devices or marks for other documents or electronic records.
What is the punishment under IPC Section 476?
Imprisonment of either description for up to seven years and liability to a fine.
Is mere possession of marked material sufficient?
No. The statutory offence requires the specified intent to give a forged document an appearance of authenticity; the surrounding evidence and facts matter.
How is IPC Section 476 different from IPC Section 475?
IPC Section 475 concerns authentication marks associated with the special documents in IPC Section 467 and carries a higher possible punishment; IPC Section 476 addresses other documents.
Official legal sources
Read the enacted legislation and any applicable amendments or commencement notifications from the India Code legislative database, the Ministry of Home Affairs and the Gazette of India. For a specific case, verify the operative statutory text and procedural classification.
This article provides general legal information and is not a substitute for advice on a particular matter.