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 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document or electronic record 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.
IPC Section 476: Simplified Explanation
IPC Section 476 of the Indian Penal Code (IPC) addresses the offence of counterfeiting a device or mark used for authenticating documents for forgery. This section applies to documents mentioned in Sections 467, 468, or 477. This section specifically targets individuals who counterfeit seals, plates, or other devices to authenticate more critical documents, such as valuable securities, wills, or documents related to property and finance.
This section intends to prevent the misuse of authenticating devices or marks before they can be used in major forgeries, recognising the significant potential for harm due to the documents’ importance. It’s a preventive measure against larger-scale fraud and deceit that could disrupt legal and financial systems.
Is IPC Section 476 Bailable?
IPC Section 476 is non-bailable. This status means that the accused does not have an automatic right to bail, and the decision to grant bail is made by the court based on factors such as the severity of the offence, the character of the accused, and the potential risks involved.
IPC Section 476 Punishment
The Punishment for counterfeiting a device or mark used for authenticating critical documents under IPC Section 476 is imprisonment for a term extending to seven years and a fine. Given the critical nature of the documents involved, this severe penalty reflects the potential extensive harm and disruption that such actions could cause.
Example of IPC Section 476
A real-life example of an offence under IPC Section 476 could involve an individual manufacturing counterfeit government seals meant to authenticate property deeds or legal contracts. Suppose someone creates fake government seals and plans to use them or allows others to use them to authenticate property deeds, falsely indicating government approval or verification. If caught with these counterfeit seals and intended to use them in significant forgeries, the individual would be prosecuted under IPC Section 476, given the severe potential consequences of such fraudulent activities on legal and property rights.
