BNS Section 341: Making Or Possessing Counterfeit Seal, Etc., With Intent To Commit Forgery Punishable Under Section 338

Definition of BNS Section 341

Section 341 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

(1) 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 section 338 of this Sanhita, 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 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 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 338, 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.

(3) Whoever possesses any 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 three years, and shall also be liable to fine.

(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument.

Explanation and Illustration of Section 341

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of possession of counterfeiting equipment. Let us break down the section to get a better understanding of it.

• Offence

  This section provides for four offences of a similar nature that vary in terms of severity and punishment. The general offence is possession of counterfeiting equipment such as seals, plates and restricted printing material. Let us take a look at the four subsections one by one.
  
  Subsection (1) provides for the manufacture and possession of equipment for the purposes of counterfeiting. It defines the offence as an act of making, welding, manufacturing or possessing any seal or plate or any other type of instrument for the purpose of committing any forgery or making false documents as defined under Section 338. Section 338 of the BNS deals with forgery of valuable and critical documents such as a will, a share certificate etc. So making or possessing any instrument for the purpose of forging such documents is punishable under this subsection.
  
  For instance, A makes plates that help in printing counterfeit stamps. These stamps are affixed on forged share certificates. A is an offender under the provisions of Section 341.
  
  Subsection (2) provides for the manufacture and possession of any seal plate or any other kind of equipment for use in the forging of any kind of document as described under any section of Chapter XVIII of the BNS apart from section 338. Section 338 deals with forgery of valuable documents such as share certificates and wills. So any person found possessing or manufacturing any equipment for purposes of forging any kind of document described under any section of Chapter XVIII of the BNS, except section 338, shall be considered an offender under the provisions of this section.
  
  For instance, A is found in possession of restricted fiber paper that is used only by the government authorities in the printing of passports. A is an offender under this subsection.
  
  Subsection (3) focuses on possession of any equipment that is used for counterfeiting or foreign documents. This subsection is different from the two in the sense that it does not look into the intent behind the possession. In other words, it doesn’t matter whether the person found in possession of the items intends to use it for forgery or not. Merely possessing any counterfeiting equipment amounts to an offence under the provisions of this section. However, what is important to note is that the person found in possession of such equipment must know that it is counterfeiting equipment.
  
  For instance, Z is found to be in possession of restricted paper used only in printing currency. This is an offence under Section 341. However, if the person can prove that he or she had no idea that such paper was restricted and had come in possession of it in ignorance, then it may not be an offence under this subsection.
  
  Subsection (4) deals specifically with the use of counterfeiting equipment. So when a person is found to be in possession of counterfeiting equipment, then they are punishable under Subsection (3). But if a person is found to not only possess such equipment but also is found to be actively using such equipment for counterfeiting purposes, then he or she shall be additionally punished under the provisions of subsection (4).
  
  For instance, Z is found in possession of a forged plate that is used in counterfeiting currency. On examining the plate, fresh printing ink was found, revealing that Z had been using the plate to make fake currency. Z is an offender under subsection.

• Punishment

  Any person found guilty of making or possessing any instrument or item for the purpose of forging documents as defined under Section 338 shall be punished with imprisonment for life, or with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
  
  Any person found possessing or manufacturing any equipment for the purpose forging any document described under any section under Chapter XVIII of the BNS, except Section 338, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
  
  Any person found possessing any equipment that is used in counterfeiting or forgery shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
  
  Any person found guilty of using counterfeiting equipment for the purpose of counterfeiting or forgery shall be punished in the same manner as if he had made or counterfeited such equipment. In other words, they shall be punished as per the provisions of subsections (1) and (2) as applicable.

• The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

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