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Section 342 — Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
342
342
Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
Bharatiya Nyaya Sanhita, 2023
Chapter XVIII Of Offences Relating to Documents and to Property Marks
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
ForgeryFraudDocument OffencesSerious
🗣️ Simple Explanation
What does this law say? Section 342 of the BNS addresses creating or possessing fake marks or devices used to authenticate documents. If you make or have these with the intent to make a document look real when it's fake, you're breaking the law. This section replaces the old Section 468 of IPC.
Why does this law exist? This law protects the integrity of important documents. It prevents people from creating fake documents that could be used for fraud. This helps maintain trust in legal and financial systems.
Real-life impact Imagine someone creating a fake stamp to make a fake degree look real. This law protects you from such scams. It ensures that official documents are trustworthy. It helps prevent financial losses and identity theft.
What happens if you break this law? You could face imprisonment for life or up to seven years. You may also have to pay a fine. Police can arrest without warrant.
⚖️ Punishment

Imprisonment for life, or up to seven years, or fine, or both.

💡 Real Life Example

Amit creates a fake mark to make a fake passport. He intends to use it for illegal travel. This is a serious crime under this section. He could face a long prison sentence and a hefty fine.

Sneha is caught with a counterfeit mark. She knew it was fake and planned to use it for fraud. She faces imprisonment for up to seven years and a fine.

🛡️ KNOW YOUR RIGHTS
  • •Contact a lawyer immediately if accused.
  • •Do not answer questions without legal counsel.
  • •Gather evidence to prove your innocence.
  • •You have the right to legal aid under Article 39A.
❓ FREQUENTLY ASKED QUESTIONS
Section 342 of the BNS deals with creating or possessing fake marks used to authenticate documents. It covers situations where someone makes or has these marks with the intention of making a fake document appear genuine. The punishment varies based on the severity of the intended forgery. This section replaces the old Section 468 of IPC.
The punishment depends on the type of forgery intended. If the forgery is serious, you could face imprisonment for life. For other types of forgery, you could be imprisoned for up to seven years. You may also have to pay a fine. The court decides the exact punishment based on the details of the case.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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