BNS Section 338 – Forgery of valuable security, will, etc
The Indian Penal Code (IPC) Section – 467
Bharatiya Nyaya Sanhita (BNS) Section 338: Forgery of Valuable Security, Will, etc.
This section deals with the serious crime of forging valuable documents like securities, wills, or authorities related to financial transactions. Below is a simple explanation of the law in easy-to-understand language:
What is the Offence?
The offence occurs when a person:
- Forges a document that is:
- A valuable security (e.g., promissory notes, bonds, shares).
- A will (legal document for property distribution after death).
- An authority to adopt a son.
- A document authorizing someone to make, transfer, or receive money, movable property, or valuable securities.
- A receipt or acknowledgment for payment or delivery of money, property, or securities.
What is the Punishment?
The punishment for this offence is:
- Life imprisonment, or
- Jail term up to 10 years, and
- Fine.
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | – Non-cognizable (for general forgery). – Cognizable (if the valuable security is a promissory note of the Central Government). |
| Bailable or Non-bailable | Non-bailable – The accused cannot easily get bail. |
| Court for Trial | Magistrate of the First Class – The case is tried by a higher-level Magistrate. |
Key Points to Understand
- Types of Forged Documents:
- Valuable securities, wills, adoption authorities, and financial transaction documents.
- Intent to Deceive:
- The offender must forge the document with the intent to deceive or cause harm.
- Severity of the Crime:
- Forging valuable securities or wills is considered a serious crime due to its potential to cause significant financial or legal harm.
Examples of the Offence
- Example 1:
- A forges a will to claim inheritance from a deceased person’s property. A is guilty under this section.
- Example 2:
- B creates a fake promissory note to fraudulently obtain money. B is guilty under this section.
- Example 3:
- C forges a receipt to falsely claim payment for goods. C is guilty under this section.
Why is this Law Important?
This law is important because:
- It protects the integrity of financial and legal documents.
- It prevents fraud and misuse of valuable securities and wills.
- It ensures that those who forge such documents face strict punishment.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 338 makes it a crime to forge valuable securities, wills, or financial transaction documents. The punishment includes life imprisonment or up to 10 years in jail, along with a fine. The law ensures the authenticity of important documents and deters fraudulent activities that harm individuals and institutions.
