Code: Section 342 – BNS
(1) 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 338,
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.
(2) 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 338, 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.
Explanation of Section 342 – BNS
Section 342 of the Bharatiya Nyaya Sanhita (BNS) addresses crimes related to the counterfeiting of devices or marks used to authenticate documents. This includes both physical documents and electronic records. The section distinguishes between:
- Documents described under Section 338 (e.g., forged government documents), which carry stricter punishments due to the severity of the crime.
- Other documents and electronic records, which are still serious offenses but with comparatively less severe penalties.
The law aims to protect the integrity of official and legal documents from fraudulent activities.
Illustration
Example 1: Counterfeiting a Government Seal
A person counterfeits a government seal with the intent to forge an official certificate. This falls under Section 342(1), punishable with life imprisonment or up to 7 years plus a fine.
Example 2: Forging an Electronic Record
Someone creates a counterfeit digital signature to authenticate a fake contract. This offense comes under Section 342(2), punishable with up to 7 years of imprisonment and a fine.
Example 3: Possession of Counterfeit Marked Material
A person is found in possession of materials bearing counterfeit authentication marks without any immediate intent to forge a document. They are still liable under Section 342(1) or 342(2) depending on the context.
Common Questions and Answers on Section 342 – BNS
1. What is the punishment for counterfeiting a government authentication mark under Section 342?
- Answer: Life imprisonment, up to 7 years of imprisonment, or both, along with a fine under Section 342(1).
2. Does Section 342 apply to electronic records?
- Answer: Yes, Section 342(2) specifically applies to electronic records and other non-government documents.
3. Is mere possession of counterfeit marked materials a crime?
- Answer: Yes, if the material is in possession with intent to use it for forgery, it is punishable under Section 342.
4. How is Section 342 different from Section 338?
- Answer: Section 338 deals with forgery of documents, while Section 342 addresses counterfeiting of authentication devices or marks used to verify documents’ authenticity.
Conclusion
Section 342 – BNS is designed to safeguard the authenticity of legal documents and electronic records from fraudulent activities. It covers a wide range of crimes related to counterfeiting authentication devices, with punishments varying based on the nature of the document and the intent behind the offense.
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