Section 341 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 341 of the Bharatiya Nyaya Sanhita (BNS), 2023:
📜 What the Offence Covers
Section 341 deals with making, possessing, or using counterfeit seals, plates, or similar instruments, with intent to commit forgery, or using them as genuine documents
⚖️ Punishment – Tiered Penalties
Section 341(1)
Making or counterfeiting a seal, plate, or instrument to commit forgery under Section 338, or possessing it knowing it's counterfeit:
→ Life imprisonment, or up to 7 years rigorous imprisonment, plus fine
Section 341(2)
Similar conduct aimed at other forgery offences (not under 338):
→ Up to 7 years rigorous imprisonment, plus fine
Section 341(3)
Mere possession of a counterfeit seal, plate, or equivalent item, knowing it to be counterfeit:
→ Up to 3 years imprisonment, plus fine (lawrato.com).
Section 341(4)
Fraudulently or dishonestly using any such counterfeit instrument as genuine:
→ Punishable same as making or counterfeiting it under sub-sections (1) or (2)
🔒 Cognizability & Bailability
✅ Cognizable: Police may arrest without warrant
✅ Bailable: The accused is entitled to bail
👨⚖️ Trier: First-Class Magistrate (lawrato.com)
🧠 Legal Significance
Modernizes forgery law: Consolidates and strengthens provisions similar to IPC Section 473
Recognizes non-fraudulent possession: Even mere possession of a counterfeit instrument is criminalized
Deters misuse: Extends penalties to those who use counterfeit seals, not just create them
✅ Summary Table
| Scenario | Imprisonment | Fine |
|---|---|---|
| Create or counterfeit instrument | Life or ≤7 years (rigorous) | ✔ |
| Create for non-Section 338 forgery | ≤7 years (rigorous) | ✔ |
| Possession knowing it's counterfeit | ≤3 years | ✔ |
| Using counterfeit instrument | Same as creation/counterfeiting | ✔ |
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