Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 338 BNS: Forgery of valuable security, will, etc
- Corresponding IPC
- Section 467 IPC
- Punishment
- Imprisonment for life, or imprisonment up to 10 years, and fine
Classification of offence
| Section | Cognizable? | Bailable? | Triable by |
|---|---|---|---|
| 338 | Non-cognizable | Non-bailable | Magistrate of the first class |
| 338 | Cognizable | Non-bailable | Magistrate of the first class |
As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bare Act text
Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.
In simple words
Punishes forgery of a document that purports to be a valuable security, a will, an authority to adopt a son, or an authority to receive money or property, or a receipt or acquittance for payment or delivery.
Chapter XVIII: Of Offences Relating To Documents And To Property Marks
- 335 Making a false document
- 336 Forgery
- 337 Forgery of record of Court or of public register, etc
- 338 Forgery of valuable security, will, etc
- 339 Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
- 340 Forged document or electronic record and using it as genuine
- 341 Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
- 342 Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
- 343 Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
- 344 Falsification of accounts
- 345 Property mark
- 346 Tampering with property mark with intent to cause injury
- 347 Counterfeiting a property mark
- 348 Making or possession of any instrument for counterfeiting a property mark
- 349 Selling goods marked with a counterfeit property mark
- 350 Making a false mark upon any receptacle containing goods