Section 338 BNS: Forgery of valuable security, will, etc
Bharatiya Nyaya Sanhita, 2023
Section 338 BNS at a Glance
Section 338 BNS deals with forgery of valuable security, will, etc. It is non-bailable, triable by Magistrate of the first class; it replaced Section 467 IPC on 1 July 2024.
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years.
Section 338 BNS Bare Act Text
338. Forgery of valuable security, will, etc.
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.
Source: Section 338, Bharatiya Nyaya Sanhita, 2023
Section 338 BNS in Simple Words
Section 338 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with forgery of valuable security, wills, authorities to adopt a son, or documents that create, transfer, or release rights in property. In simple terms, if a person makes a false document with the aim of cheating or causing wrongful gain or loss, and the document is of a very serious nature, this section can apply. It is not about every false paper.
It is about documents that have major legal and financial value. This provision applies to anyone who knowingly creates or alters such a document dishonestly. The law treats this conduct very seriously because these documents can affect ownership, inheritance, banking rights, and large property transactions.
In practice, police and courts look at the intention behind the act, the nature of the document, and whether the document was meant to be used as genuine. A conviction under this section can lead to severe imprisonment, so it is often invoked in property disputes, inheritance fraud, and forged financial instruments.
Ingredients of Section 338 BNS
- Committing forgery of a document under Section 335 BNS and Section 336(1) BNS
- The forged document purports to be a valuable security, a will, an authority to adopt a son, an authority to make or transfer a valuable security or receive money, movable property or valuable security, or an acquittance or receipt for the payment of money or the delivery of any movable property or valuable security
Punishment Under Section 338 BNS
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years.
The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.
- Cognizable: Cognizable when the valuable security is a promissory note of the Central Government; otherwise non-cognizable
Section 338 BNS is punishable with imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine.
Example of Section 338 BNS
When Section 338 BNS Does Not Apply
- The document was genuine and executed under actual authority from the person by whom it purports to be made
- The document was made or altered without any dishonest or fraudulent intention and without any statutory intent specified in Section 336(1) BNS
- The document forged does not purport to be a valuable security, will, authority to adopt, authority to transfer or receive property, or an acquittance or receipt
- The act is limited to using a forged valuable security as genuine without participating in the forgery, which is punishable under Section 340(2) BNS
Section 338 BNS in the IPC (Previous Law)
Section 338 BNS replaces Section 467 IPC from the old criminal code.
Section 467 IPC corresponds to Section 338 BNS. The heading, statutory wording and prescribed punishments of imprisonment for life or up to ten years with liability to fine remain unchanged in substance.
View IPC Section 467 →FAQs on Section 338 BNS
What kind of document is covered under Section 338 BNS?▼
This section covers documents with high legal value, such as valuable securities, wills, authorities to adopt a son, and documents creating, transferring, limiting, or releasing rights in property. Ordinary false papers usually fall under lesser forgery provisions. The nature of the document is what makes this section serious.
Under Section 338 BNS, is it necessary that the forged document was actually used?▼
Not always. Creating the false document with the required dishonest intention can itself attract liability if the document is of the kind covered by this section. Actual use may strengthen the prosecution case, but the offence is complete once the forgery is made with the necessary intent.
Can Section 338 BNS apply in property disputes?▼
Yes, very often. It is commonly used where someone forges a will, sale document, power of attorney, or other paper affecting ownership or inheritance rights. These cases usually involve allegations of wrongful gain and serious financial loss to another person.
Is the offence under Section 338 BNS bailable?▼
No, it is generally a non-bailable offence. Because the punishment is severe, courts treat it as a serious economic and property offence. Bail is still possible, but it is decided by the court on the facts of the case.
Have questions about Section 338 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·