Section 474 IPC: Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine

Indian Penal Code, 1860

Section 474 IPC at a Glance

Section 474 IPC deals with having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine. It is bailable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 339 BNS.

Punishment

For a document described in Section 466 IPC, imprisonment of either description for a term which may extend to seven years. For a document described in Section 467 IPC, imprisonment for life, or imprisonment of either description for a term which may extend to seven years.

Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

BNS Equivalent

Section 339 →

Section 474 IPC Bare Act Text

474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it genuine
Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 467, shall be punished with imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 474, Indian Penal Code, 1860

Section 474 IPC in Simple Words

Section 474 of the Indian Penal Code (IPC) punishes having possession of any document or electronic record, knowing it to be forged and intending that it shall fraudulently or dishonestly be used as genuine. The offence applies only where the instrument is of a class described in Section 466 IPC or Section 467 IPC.

For a document described in Section 466 IPC, such as a court record or public register, the prescribed penalty is imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine. For a document described in Section 467 IPC, such as a valuable security or will, the prescribed penalty is imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 474 IPC is bailable and triable by a Magistrate of the first class under both limbs, but it is cognizable for a Section 466 IPC document and non-cognizable for a Section 467 IPC document. The offence is not compoundable under Section 320 CrPC.

Ingredients of Section 474 IPC

The accused had in his possession a document or electronic record
The accused knew that the document or electronic record was forged
The accused intended that the document or electronic record should fraudulently or dishonestly be used as genuine
The document or electronic record was of a description mentioned in Section 466 IPC or Section 467 IPC

Punishment Under Section 474 IPC

Imprisonment

Fine

The offender is also liable to fine in both cases. The statute does not prescribe a mandatory fine or fix a maximum amount.

Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Cognizable: Cognizable when the document is one described in Section 466 IPC; non-cognizable when described in Section 467 IPC

Section 474 IPC carries imprisonment up to seven years for a Section 466 IPC document, or imprisonment for life or up to seven years for a Section 467 IPC document, and the offender is also liable to fine. Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is bailable and triable by a Magistrate of the first class, but it is cognizable only for a Section 466 IPC document.

Example of Section 474 IPC

In 2019, in Bhopal, Kunal kept a fabricated land sale deed in his home desk, knowing that the vendor's signature on the deed had been forged by a broker. Kunal intended to dishonestly present the forged deed to a housing buyer as a genuine transfer of title to collect an advance payment. A deed purporting to transfer title to land is a valuable security described in Section 467 IPC. Because Kunal had the forged document in his possession knowing it to be forged and intending that it be dishonestly used as genuine, Kunal is punishable under Section 474 IPC.

When Section 474 IPC Does Not Apply

A person holds a forged document or electronic record while genuinely believing it to be authentic and without knowing that it is forged.
Someone keeps a document known to be forged solely as evidence or curiosity, with no intention that it be fraudulently or dishonestly used as genuine.
The forged document in a person's possession does not fall within the classes of court or public records under Section 466 IPC or wills and valuable securities under Section 467 IPC.
The person has no possession or control over the forged document or electronic record.

Section 474 IPC in the BNS

Section 474 IPC is now covered under Section 339 BNS.

Section 474 IPC corresponds to Section 339 BNS. The statutory wording and prescribed punishments of imprisonment up to seven years for court records and public registers, and imprisonment for life or imprisonment up to seven years for valuable securities and wills, remain unchanged. In Section 339 BNS, references to Section 466 IPC and Section 467 IPC are replaced by Section 337 BNS and Section 338 BNS respectively. Because Section 337 BNS expressly covers government identity cards such as voter cards and Aadhaar Cards, possessing such a forged identity card now falls within the seven-year limb of Section 339 BNS.

View detailed comparison (IPC 474 vs BNS 339) →

FAQs on Section 474 IPC

What punishment does Section 474 IPC prescribe?▼

The punishment turns on the class of document. For a document described in Section 466 IPC, the penalty is imprisonment of either description for up to seven years and liability to fine. For a document described in Section 467 IPC, the penalty is imprisonment for life, or imprisonment of either description for up to seven years, and liability to fine.

Is Section 474 IPC bailable?▼

Yes. The First Schedule to the Code of Criminal Procedure, 1973 lists Section 474 IPC as bailable under both entries, so the accused is entitled to bail as of right regardless of whether the document is a public record or a valuable security.

Is Section 474 IPC cognizable?▼

The First Schedule creates a split on cognizance. Section 474 IPC is cognizable where the document is one described in Section 466 IPC, but it is non-cognizable where the document is one described in Section 467 IPC.

What are the essential ingredients of Section 474 IPC?▼

The prosecution must prove that the accused had the document or electronic record in possession, knew it to be forged, and intended that it should fraudulently or dishonestly be used as genuine, and that the instrument was described in Section 466 IPC or Section 467 IPC.

Must the accused have actually used the forged document for Section 474 IPC to apply?▼

No. The offence under Section 474 IPC is complete upon possession with the requisite knowledge and fraudulent intention. If the accused subsequently tenders or uses the document as genuine, that constitutes an additional offence under Section 471 IPC.

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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 ·