(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.
Simplified Explanation
Section 342 of the Bharatiya Nyaya Sanhita 2023 addresses the counterfeiting of devices or marks used to authenticate documents, as well as the possession of counterfeit marked material, with the intent to use it in forging documents or electronic records.
Key Provisions of Section 342:
(1) Counterfeiting or Possessing Counterfeit Devices or Marks for Documents Under Section 338:
- Counterfeiting any device or mark used to authenticate documents, as described in Section 338 (documents such as valuable securities, wills, etc.), on or in the substance of any material.
- Intention: The counterfeit device or mark must be intended for use in giving the appearance of authenticity to a forged document, either already forged or to be forged.
- Possession of material with such counterfeit devices or marks, knowing the material is counterfeit.
- Punishment: Imprisonment for life or imprisonment for up to seven years, along with a fine.
(2) Counterfeiting or Possessing Counterfeit Devices or Marks for Documents or Electronic Records (Other than Section 338):
- Counterfeiting any device or mark used for authenticating any document or electronic record other than those described in Section 338.
- Intention: Similar to Section 342(1), the counterfeit device or mark is intended to give the appearance of authenticity to a forged document or record.
- Possession of material with the counterfeit device or mark, knowing it to be counterfeit.
- Punishment: Imprisonment of up to seven years, along with a fine.
Summary:
Section 342 criminalizes the act of counterfeiting authentication devices or marks used for validating important documents, including documents described in Section 338 (such as valuable securities or wills), as well as other documents or electronic records. The section specifies:
- Severe penalties (up to life imprisonment) for counterfeiting such devices or marks with the intent to use them for forging documents.
- Possessing counterfeit marked materials with the intention to use them for fraudulent purposes is also severely punished.
- Punishments of up to seven years imprisonment apply for counterfeiting marks for documents and electronic records that fall outside the scope of Section 338.
Purpose:
This section aims to protect the integrity of official documents and records by punishing individuals who counterfeit devices or marks intended to authenticate documents. The provision ensures that those who forge such documents or possess counterfeit materials with this intent are held accountable with severe penalties.
