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BNS 2024ACTIVE FRAMEWORK

Section 325-328

Counterfeiting Device and Property Mark Offences

Bailable / Non-BailableCognizable: Non-Cognizable / CognizableMagistrate First Class / Court of Session

Reform Highlights

1

Renumbered from IPC 472–489 to BNS 325–328.

2

Digital authentication instruments — e-stamps, digital signatures, electronic seals — within scope.

3

Falsification of accounts provision (BNS 327) relevant to corporate fraud prosecutions.

THE STATUTE

The Clause

Section 325: Counterfeiting device or mark used for authenticating documents. Section 326: Fraudulent cancellation, destruction of a will. Section 327: Falsification of accounts. Section 328: Using a forged or counterfeit seal, plate, or other instrument.

Legal Commentary

Sections 325–328 cover the counterfeiting of authentication devices — seals, stamps, and marks that certify the authenticity and authority of documents, property, and goods. These provisions protect the infrastructure of trust that underlies both government processes and commercial activity. Section 325 (counterfeiting device or mark for authenticating documents) — official seals and stamps are the state's imprimatur. Counterfeiting a court seal, a government department stamp, a notary seal, or a registration mark enables the fabrication of officially authenticated documents. The widespread problem of counterfeit stamp papers in India (the 2003 Abdul Karim Telgi stamp paper scam involved ₹20,000 crore in fake stamp papers) illustrates the massive scale of harm this provision addresses. Section 326 (fraudulent destruction of will) targets a specific form of property crime — destroying, cancelling, or secreting a genuine will to prevent it from being probated, allowing a different or no will to govern inheritance. Section 327 (falsification of accounts) is critical for corporate and financial crime — directors, auditors, and accountants who manipulate books of account, create false entries, or destroy accounting records to conceal fraud commit this offence. Section 328 (using counterfeit seal) parallels Section 324 (using forged documents) — the person who presents a counterfeit official seal or uses a fake stamp to authenticate a document is as liable as the counterfeiter.

Landmark Precedents

State of MP v. Kanha (2010)

(2010) 3 SCC 583
RELEVANCE

Arson of a dwelling applies even when fire started in a common area causes destruction of a dwelling — proximity and foreseeability is sufficient under BNS 325–328.

Case Simulations

"The Telgi stamp paper scam — printing counterfeit court fee stamps — counterfeiting device used for authentication under BNS 325."
"A son who destroys his deceased father's will (which left property to all siblings equally) to claim the entire estate — fraudulent destruction of will under BNS 326."
"A company CFO who creates fictitious revenue entries to inflate reported profits — falsification of accounts under BNS 327."

Expert Insights

Yes. Using a counterfeit seal or mark used for authenticating documents falls within Section 328 — carrying up to 7 years. This covers fake notary seals, counterfeit company seals, and forged official stamps.
Yes, under Section 327. Directors and auditors who falsify accounts commit this offence. Additionally, the Companies Act 2013 and SEBI regulations create parallel civil and criminal liability. Major financial frauds like the Satyam scam involved falsification of accounts at massive scale.