Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
Section 341 of the Bharatiya Nyaya Sanhita, 2023 deals with making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338. 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 The Act came into force on 01 Jul 2024.
(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.
Section 341, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 472 Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467 Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 4 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable otherwise than under section 338 or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| Possesses any seal, plate or other instrument knowing the same to be counterfeit. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| Fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit. | Same as if he had made or counterfeited such seal, plate or other instrument. | Cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sagar vs Union Territory
Decided under Indian Penal Code 473, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A prisoner with an extensive criminal history involving multiple serious offences (dacoity, robbery, theft, forgery, and drug-related crimes) cannot be granted parole merely on the grounds of meeting family members or performing conjugal rights, particularly when the parole authority has reasonably determined that releasing such a prisoner would pose a potential danger to society.
On this section: Forgery - FIR No. 378 of 2014 against petitioner
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Govind Pandit vs State of Bihar
Decided under Indian Penal Code 472, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While a conviction under Sections 420, 468, 471, and 472 IPC may be upheld on merit, the sentencing court has discretion to reduce the sentence to the period already undergone by the accused, particularly when considering the age of the case and the custody already served.
On this section: Making or possessing counterfeit seal, plate, etc. - conviction upheld
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Surendra Ram vs The State of Bihar
Decided under Indian Penal Code 472, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A person accused of fraud and forgery offences, who has no criminal antecedents and against whom the investigation is complete, is entitled to bail on furnishing appropriate bail bond and sureties, as the grounds for continued detention are no longer present.
On this section: Habitually dealing in forged documents
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Govind Singh Chauhan S/o Shri Shankar Singh Chauhan B/c Rajput vs State of Rajasthan through Pp
Decided under Indian Penal Code 472, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused has been in custody for a considerable period, the challan has been presented in court indicating completion of investigation, and the trial is likely to take substantial time, it is just and expedient to grant regular bail under Section 439 Criminal Procedure Code, subject to satisfaction of the trial court, without prejudging the merits of the case.
On this section: Making or possessing counterfeit seal - charge against petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 341
What have the courts held on Section 341 of the Bharatiya Nyaya Sanhita?
Sagar vs Union Territory (04 Dec 2020) is the leading judgment on this section among those set out below, though it was decided under IPC 473, which this section replaced -- the court never mentioned this Act: Forgery - FIR No. 378 of 2014 against petitioner. Another 3 judgments on this section are set out below. They run from 2012 to 2020.
Is Section 341 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 341 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 341 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 341, section 341 BNS, section 341 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 341 2 in hindi and bns 341(1). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Sagar vs Union Territory (04 Dec 2020).
What should I read with Section 341 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 338 (Forgery of valuable security, will, etc), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward IPC 472 (Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467), so the judgments decided under that provision are the case law on this one.
When did Section 341 of the Bharatiya Nyaya Sanhita come into force?
Section 341 of the Bharatiya Nyaya Sanhita, cited as BNS 341, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.