Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
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Summary
Counterfeiting, or possessing material bearing a counterfeit device or mark used to authenticate documents is a crime when done with intent to make a forged document look genuine. If the fake device is meant for certain specified official documents, the offender can be punished with life imprisonment or up to seven years and a fine. For other documents or electronic records, the punishment is imprisonment up to seven years and a fine.
Example
Priya makes a fake authentication seal that looks like the stamp used on land title records and keeps sheets stamped with it intending to use them for forged deeds. Because the device targets specified official documents, she can face life imprisonment or up to seven years and a fine.
Bare Act
Enacted text(1) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 336 of this Sanhita, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document 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 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 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 336 of this Sanhita, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document 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.
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