Section 198 IPC: Using as true a certificate known to be false

Indian Penal Code, 1860

Section 198 IPC at a Glance

Section 198 IPC deals with using as true a certificate known to be false. It is bailable and non-cognizable; from 1 July 2024 it is replaced by Section 235 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 235 →

Section 198 IPC Bare Act Text

198. Using as true a certificate known to be false

Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Source: Section 198, Indian Penal Code, 1860

Section 198 IPC in Simple Words

Section 198 of the Indian Penal Code (IPC) punishes corruptly using, or attempting to use, a certificate of the kind described in Section 197 IPC as a true certificate, knowing it to be 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 198 IPC

  • The accused used, or attempted to use, a certificate as a true certificate
  • The certificate is one of the kind described in Section 197 IPC
  • The accused acted corruptly
  • The certificate was false in a material point
  • The accused knew that the certificate was false in that point

Punishment Under Section 198 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 ⓘ

Corruptly using as true, or attempting to use as true, a certificate known to be false in a material point is punished in the same manner as giving false evidence.

Example of Section 198 IPC

In 2021 in Bhopal, Kavita applied for a widow pension before the district welfare board. She obtained a statutory certificate that the law required to be signed and given, which falsely stated that her living husband, Manoj, had died in 2020. Knowing that the certificate was false in that material point, Kavita corruptly submitted it to the board as a true certificate to obtain the pension. Because she corruptly used such a certificate as a true certificate while knowing it was false in a material point, Kavita is punishable under Section 198 IPC.

When Section 198 IPC Does Not Apply

  • Section 198 IPC does not apply when the person neither uses nor attempts to use the certificate as a true certificate.
  • Section 198 IPC does not apply if the certificate is not one required by law to be given or signed, or admissible in evidence by law as described in Section 197 IPC.
  • Section 198 IPC does not apply where the person uses the certificate in good faith without acting corruptly.
  • Section 198 IPC does not apply when the person using the certificate does not know that it is false in a material point.
  • Section 198 IPC does not apply if the person only issued or signed the false certificate without using or attempting to use it, which is covered by Section 197 IPC.

Section 198 IPC in the BNS

Section 198 IPC is now covered under Section 235 BNS.

Section 198 IPC is now Section 235 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 198 vs BNS 235) →

FAQs on Section 198 IPC

What does Section 198 IPC provide?▼

It punishes corruptly using, or attempting to use, a certificate of the kind described in Section 197 IPC as a true certificate, knowing it to be false in a material point.

What is the punishment under Section 198 IPC?▼

Section 198 IPC sets no term of its own. It applies the punishment for giving false evidence.

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

Section 197 IPC punishes issuing or signing the false certificate. Section 198 IPC punishes corruptly using, or attempting to use, such a certificate as a true certificate.

What state of mind does Section 198 IPC require?▼

The accused must act corruptly and must know that the certificate is false in a material point.

Is an offence under Section 198 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 198 IPC?▼

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

Can an offence under Section 198 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 198 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 235 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 ·