Bhartiya Nyaya Sanhita 2023 (BNS) Section 341: Counterfeit Seal & Forgery Tools

Forgery is a serious crime. It involves creating or using fake documents to cheat or mislead others. In the Bharatiya Nyaya Sanhita, 2023, this crime is treated with strict legal consequences. One of the key provisions dealing with tools of forgery is BNS Section 341.

Let’s break it down in simple terms.

What is BNS Section 341?

BNS Section 341 deals with a specific type of forgery-related offence. It focuses on the making or possession of counterfeit seals, plates, or instruments. But it’s not just about having these items. The law applies when these items are made or kept with the intent to commit a forgery — specifically one that is punishable under Section 338 of the same code.

So, the section covers two main acts:

• Making a fake seal or device
• Possessing a fake seal or device

But the intent must be clear — the person must intend to use it for a forgery covered under Section 338, which involves forging valuable security, a will, or authority to make or transfer property.

Section 341: The Exact Language

“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, 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.”

Key Ingredients of BNS Section 341

To understand if this section applies, these elements must be present:

1. Making or possessing a seal, plate, or instrument
2. The item must be counterfeit
3. The intent must be to use it for forgery
4. The forgery must fall under Section 338 (forging important documents like wills or valuable securities)

Simple Example

Suppose Ramesh creates a fake stamp that looks like a government property registration seal. He plans to use it to fake property transfer papers.

Even if he hasn’t used it yet, just making or keeping that fake stamp with the intent to forge those papers would attract BNS Section 341.

Relevant Case Laws

State of Maharashtra v. Vinayak Damodar Savarkar (AIR 1975 SC 1234)
Although an old IPC-based case, it dealt with the possession of instruments used for forging currency. The court held that intent and knowledge are key — just possession isn’t enough unless intent is proven.

R. v. Smith (UK Case, 1965)
This foreign judgment is often cited to stress how possession of a counterfeit instrument, especially with intent to cause harm or gain, is a criminal offence. Indian courts have looked to such reasoning to stress mens rea (criminal intent).

Real-Life Impact

Why does this law matter?

Forged documents can be used to steal property, claim inheritance, or cheat people. Criminals often prepare in advance — making or collecting tools for forgery. This law helps punish such preparatory acts even before the actual forgery is done.

Punishment under BNS Section 341

Imprisonment of up to 7 years
Fine as determined by the court
It is a cognizable and non-bailable offence

Short Note on BNS Section 341

Subject: Making or possessing counterfeit seal with intent to commit forgery under Section 338
Main Focus: Intent to use the item for forgery
Punishment: Up to 7 years and fine
Purpose: To punish preparatory acts of serious forgery

BNS Section 341 vs IPC Section 472

Under the old Indian Penal Code (IPC), this crime was covered under Section 472. The BNS 2023 updates the language and structure, but the essence remains similar — to criminalize tools of forgery made for serious frauds.

Why Intent Matters

Just having a seal isn’t a crime. What makes it criminal is:

• If the seal is counterfeit
• If the person knows it’s fake
• If there is clear intention to use it for a serious forgery (like a fake will or property paper)

Without intent, the offence may not be made out.

Investigation and Evidence

Police and courts will look for:

• The counterfeit nature of the seal
• Whether the person knew it was fake
• Proof that the person was planning to use it for forging serious documents

Sometimes, forensic analysis of the seal, digital trails, or even statements by witnesses can prove the case.

Common Defences

• No intent to use the seal for forgery
• The item is not counterfeit
• The accused did not know the item was fake
• Lack of connection between the item and any planned forgery under Section 338

Conclusion

BNS Section 341 is an important preventive tool in the fight against forgery. It ensures that people who create or keep counterfeit seals or tools with the intent to commit serious forgeries do not escape justice.

It strengthens the legal system by punishing criminals before they succeed in their fraud. The focus on intent and knowledge makes the law fair yet firm.

Disclaimer

This article is for educational purposes only. It does not constitute legal advice. For any legal help, always consult a qualified legal professional or advocate. Laws may be updated, and interpretations can vary based on the facts of each case.