Section 197 IPC: Issuing or signing false certificate

Indian Penal Code, 1860

Section 197 IPC at a Glance

Section 197 IPC deals with issuing or signing false certificate. It is bailable and non-cognizable; from 1 July 2024 it is replaced by Section 234 BNS.

Punishment

The section sets no term of its own. The offender is punished in the same manner as for giving false evidence, which is punished under Section 193 IPC.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Court by which offence of giving false evidence is triable ⓘ
BNS Equivalent

Section 234 →

Section 197 IPC Bare Act Text

197. Issuing or signing false certificate

Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

Source: Section 197, Indian Penal Code, 1860

Section 197 IPC in Simple Words

Section 197 of the Indian Penal Code (IPC) punishes issuing or signing a certificate that the law requires to be given or signed, or that relates to a fact for which the certificate is by law admissible in evidence, while knowing or believing that it is false in a material point.

The offender is punished in the same manner as if he gave false evidence.

The offence is non-cognizable and bailable, and it is triable by the court by which the offence of giving false evidence is triable.

Ingredients of Section 197 IPC

  • The accused issued or signed a certificate
  • The certificate was required by law to be given or signed, or it related to a fact of which such a certificate is by law admissible in evidence
  • The certificate was false in a material point
  • The accused knew or believed that the certificate was false in that point

Punishment Under Section 197 IPC

Imprisonment

The section sets no term of its own. The offender is punished in the same manner as for giving false evidence, which is punished under Section 193 IPC.

Fine

The section sets no fine of its own. The fine is the one for giving false evidence.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Court by which offence of giving false evidence is triable ⓘ

Issuing or signing a certificate known or believed to be false in a material point is punished in the same manner as giving false evidence.

Example of Section 197 IPC

In 2019 in Jaipur, Suresh worked as a municipal registrar whose duty was to sign and issue death certificates that the law required to be given and signed. After a resident named Kamla died of poisoning, her nephew asked Suresh to hide the cause of death. Knowing that Kamla had died of poisoning, Suresh signed and issued the death certificate stating that she had died of natural heart failure. Because he signed and issued a certificate required by law while knowing it was false in a material point, Suresh is punishable under Section 197 IPC.

When Section 197 IPC Does Not Apply

  • Section 197 IPC does not apply when the person neither issued nor signed the certificate in question.
  • Section 197 IPC does not apply if the certificate is not required by law to be given or signed and does not relate to a fact of which it is by law admissible in evidence.
  • Section 197 IPC does not apply where the inaccuracy in the certificate concerns only a trivial detail rather than a material point.
  • Section 197 IPC does not apply when the person signing or issuing the certificate honestly believed its contents to be true and did not know or believe them to be false.
  • Section 197 IPC does not apply where a person merely uses a false certificate prepared by someone else without having issued or signed it, as that conduct falls under Section 198 IPC.

Section 197 IPC in the BNS

Section 197 IPC is now covered under Section 234 BNS.

Section 197 IPC is now Section 234 BNS, with the same title and the same words. The punishment is still the same as for giving false evidence, but that punishment now sits in Section 229 BNS, which caps the fine at ten thousand rupees or five thousand rupees where the IPC fixed no amount.

View detailed comparison (IPC 197 vs BNS 234) →

FAQs on Section 197 IPC

What does Section 197 IPC provide?▼

It punishes issuing or signing a certificate that the law requires to be given or signed, or that relates to a fact for which it is by law admissible in evidence, knowing or believing that it is false in a material point.

What is the punishment under Section 197 IPC?▼

Section 197 IPC sets no term of its own. It applies the punishment for giving false evidence.

How does Section 197 IPC differ from Section 198 IPC?▼

Section 197 IPC punishes issuing or signing the false certificate. Section 198 IPC punishes using as true a certificate that the user knows to be false.

What state of mind does Section 197 IPC require?▼

The accused must know or believe that the certificate is false in a material point.

Is an offence under Section 197 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 197 IPC?▼

The court by which the offence of giving false evidence is triable.

Can an offence under Section 197 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 197 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 234 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·