(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.
Simplified Explanation
Section 341 of the Bharatiya Nyaya Sanhita 2023 addresses offenses related to the counterfeiting of seals, plates, or other instruments used for making impressions, with the intent to commit forgery or other crimes. The section lays out various forms of possession and use of counterfeit instruments and their corresponding punishments.
Key Provisions of Section 341:
(1) Making or Possessing Counterfeit Instruments for Forgery Under Section 338:
- Making or counterfeiting a seal, plate, or other instrument with the intent to use it for committing forgery punishable under Section 338 (related to the forgery of valuable securities, wills, etc.), or
- Possessing any such counterfeit seal, plate, or instrument, knowing it is counterfeit and with the intent to use it for forgery.
- Punishment: Imprisonment for life or imprisonment for a term up to seven years, along with a fine.
(2) Making or Possessing Counterfeit Instruments for Forgery Under Other Sections:
- Making or counterfeiting a seal, plate, or instrument for forgery punishable under any section of this chapter (except Section 338).
- Possessing a counterfeit seal or instrument with the intent to commit forgery under these other sections.
- Punishment: Imprisonment up to seven years and fine.
(3) Possessing Counterfeit Instruments Without Intent to Use for Forgery:
- Possessing a counterfeit seal, plate, or instrument knowingly, without an intent to commit forgery.
- Punishment: Imprisonment up to three years and fine.
(4) Fraudulently Using Counterfeit Instruments:
- Fraudulently or dishonestly using as genuine any counterfeit seal, plate, or instrument, knowing or having reason to believe it is counterfeit.
- Punishment: The offender is punished in the same manner as if they had made or counterfeited the seal or instrument themselves.
Summary:
Section 341 criminalizes the manufacture, possession, and fraudulent use of counterfeit seals or instruments with the intent to commit forgery. The section includes:
- Severe penalties (up to life imprisonment) for individuals involved in counterfeiting such instruments or possessing them with the intent to use them for forgery (especially in the context of documents related to Section 338).
- The section also imposes punishments of up to seven years for other forgeries.
- Possessing counterfeit instruments, even without immediate intent to use them for forgery, can result in imprisonment for up to three years.
- Fraudulent use of counterfeit instruments is treated as seriously as forgery itself, with matching punishments.
Purpose:
This section seeks to prevent the creation and use of counterfeit tools that can facilitate fraud or forgery, ensuring severe penalties for those attempting to misuse such instruments for criminal activities.
