Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
Section 342 of the Bharatiya Nyaya Sanhita, 2023 deals with counterfeiting device or mark used for authenticating documents described in section 338, 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 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 t The Act came into force on 01 Jul 2024.
(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.
Section 342, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 475 Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material Text carried over almost unchanged 97%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Counterfeiting a device or mark used for authenticating documents described in section 338 or possessing counterfeit marked material. | Imprisonment for life, or imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| Counterfeiting a device or mark used for authenticating documents other than those described in section 338 or possessing counterfeit marked material. | Imprisonment for 7 years and fine. | Non-cognizable. | Non-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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Nar Singh vs State of Rajasthan
Decided under Indian Penal Code 475, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 195(1)(b) CrPC, which restricts prosecution of forgery and related offences, applies only when such offences are committed in relation to proceedings in a court or when documents are forged after being given in custodia legis (court custody). When forged documents are created before being filed in court, Section 195(1)(b) does not apply, and a Magistrate has jurisdiction to take cognizance of such offences without requiring the restrictions prescribed under Section 195 CrPC.
On this section: Offences relating to forged documents - subject of Section 195(1)(b) CrPC restriction
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 342
What have the courts held on Section 342 of the Bharatiya Nyaya Sanhita?
Nar Singh vs State of Rajasthan (08 Jan 2013) is the leading judgment on this section among those set out below, though it was decided under IPC 475, which this section replaced -- the court never mentioned this Act: Offences relating to forged documents - subject of Section 195(1)(b) CrPC restriction.
Is Section 342 of the Bharatiya Nyaya Sanhita bailable?
Bailable, on a first conviction, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. This section is classified 2 ways; all of them are set out on this page.
Is Section 342 of the Bharatiya Nyaya Sanhita cognizable?
Non-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 342 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 342, section 342 BNS, section 342 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 342 2 in hindi and bns 342 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nar Singh vs State of Rajasthan (08 Jan 2013).
What should I read with Section 342 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. It carries forward IPC 475 (Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material), so the judgments decided under that provision are the case law on this one.
When did Section 342 of the Bharatiya Nyaya Sanhita come into force?
Section 342 of the Bharatiya Nyaya Sanhita, cited as BNS 342, 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.