Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
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Summary
Making or counterfeiting any seal, plate or other instrument intended to be used for committing forgery is an offence with graded punishment. If the intended forgery is the most serious kind, the maker can face life imprisonment or up to seven years and fine; for other forgery offences the term may extend to seven years and fine. Mere possession of a known counterfeit instrument attracts up to three years and fine. Fraudulently using a fake seal as genuine is punished the same as making it.
Example
Rohan keeps a fake company seal at his shop which he knows is counterfeit. He can be punished with imprisonment for up to three years and a fine for possessing the counterfeit instrument.
Bare Act
Enacted text(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 336 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 336, 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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