Section 341 – Bharatiya Nyaya Sanhita (BNS) – Making Or Possessing Counterfeit Seal, Etc., With Intent To Commit Forgery Punishable Under Section 338.

Code: Section 341 – BNS

Offense Related to Counterfeit Seals, Plates, and Instruments

(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.

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Explanation of Section 341 – BNS

Section 341 of the Bharatiya Nyaya Sanhita (BNS) deals with offenses related to the making, possessing, or using counterfeit seals, plates, or instruments with the intent to commit forgery. The section categorizes offenses based on the intent and usage of counterfeit items:

1. Making or possessing counterfeit items with the specific intent to commit forgery under Section 338 attracts the harshest penalties—life imprisonment or up to 7 years with a fine.
2. Counterfeit items intended for forgery under other sections of the BNS still attract serious punishment but with slightly lesser severity.
3. Simply possessing counterfeit items without the intent to use them for forgery results in a lesser punishment—up to 3 years in prison and a fine.
4. Fraudulent use of counterfeit items is treated with the same severity as making or possessing them.

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Illustration

Example 1: Intent to Commit Forgery Under Section 338

A person creates a counterfeit official seal intending to forge a government document. This person is liable under Section 341(1) for life imprisonment or up to 7 years, plus a fine.

Example 2: Possession Without Intent

A person is found with a counterfeit seal but has no intention to use it for forgery. They may be punished under Section 341(3) with imprisonment up to 3 years and a fine.

Example 3: Fraudulent Use of Counterfeit Items

Someone uses a counterfeit company seal to authorize a fake contract, knowing it’s fake. They face the same punishment as if they had made the counterfeit seal themselves under Section 341(4).

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Common Questions and Answers on Section 341 – BNS

1. What is the punishment for making counterfeit seals with intent to commit forgery under Section 341?

• Answer: Life imprisonment, up to 7 years of imprisonment, or both, along with a fine under Section 341(1).

2. Is simply possessing a counterfeit seal a crime under Section 341?

• Answer: Yes, if the person possesses it knowingly, without intent to use it for forgery, they may face up to 3 years of imprisonment and a fine under Section 341(3).

3. What distinguishes Section 341(1) from Section 341(3)?

• Answer: Section 341(1) requires intent to commit forgery, leading to harsher penalties. Section 341(3) applies to mere possession without such intent, carrying a lighter punishment.

4. Can someone be punished under Section 341 even if they didn’t create the counterfeit item?

• Answer: Yes, fraudulent use of counterfeit items under Section 341(4) carries the same punishment as making or possessing them.

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Conclusion

Section 341 – BNS ensures strict punishment for crimes involving counterfeit seals, plates, or instruments, especially when used with the intent to commit forgery. The law differentiates between making, possessing, and using counterfeit items with varying degrees of severity based on the intent and circumstances.

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