Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338

What this section does

Penalises making, counterfeiting, or possessing counterfeit seals, plates or instruments intended for use in forgery. Sub-section (1) covers instruments intended for forgeries punishable under section 338 (the most serious category); sub-section (2) covers instruments for other forgeries in the Chapter; sub-section (3) covers mere possession of a counterfeit instrument without proven intent; and sub-section (4) equates fraudulent use of a counterfeit instrument with making it.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Sub-section (1): Imprisonment for life, or imprisonment of either description up to 7 years, and fine. Sub-section (2): Imprisonment of either description up to 7 years, and fine. Sub-section (3): Imprisonment of either description up to 3 years, and fine. Sub-section (4): Same as sub-section (1) or (2) as applicable.

Triable by

Sessions Court (for sub-sections attracting life imprisonment); Magistrate of First Class (for sub-section (3))

Cognizable

Depends

Bailable

Depends

Compoundable

No

Ingredients (what prosecution must prove)

1. Accused made, counterfeited, or possessed a seal, plate or other impression-making instrument
2. The instrument was counterfeit (for possession offences, accused knew it to be counterfeit)
3. For sub-sections (1) and (2): intent that the instrument be used to commit forgery punishable under the relevant section
4. For sub-section (3): mere knowing possession of a counterfeit instrument suffices
5. For sub-section (4): fraudulent or dishonest use of the instrument as genuine, knowing or having reason to believe it is counterfeit

Derived from IPC s.257, s.258, s.259, s.260.