Indian criminal law · Updated 29 October 2026
IPC Section 198: Using a Certificate Known to Be False | BNS Section 235
The offence formerly covered by Section 198 of the Indian Penal Code, 1860 is now addressed by Section 235 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It concerns a person who corruptly uses, or attempts to use, a legally relevant certificate as genuine while knowing that it is false in a material respect.
1. Current law: BNS Section 235
Section 235 - Using as true a certificate known to be false: The provision punishes whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing it to be false in any material point, in the same manner as if that person gave false evidence.
The expression any such certificate refers back to BNS Section 234: a certificate required by law to be given or signed, or one relating to a fact of which that certificate is legally admissible in evidence. This statutory connection is important; not every informal letter or document necessarily qualifies.
BNS generally came into force on 1 July 2024. Earlier conduct may remain governed by IPC Section 198, subject to applicable repeal, saving and transitional provisions. The original IPC Section 198 addressed the same core conduct.
2. Essential ingredients of the offence
- Qualifying certificate: The document is a certificate within the scope of BNS Section 234, required by law or legally admissible in evidence regarding a fact.
- Use or attempt: The accused uses or attempts to use the certificate as true or genuine.
- Corrupt conduct: The use or attempted use is corrupt, not merely accidental or innocent.
- Knowledge: The accused knows the certificate is false in a material point.
- Material falsity: The false information concerns a significant fact, not a trivial mistake unrelated to its evidentiary purpose.
Whether the ingredients are proved depends on the evidence and the circumstances of the particular case. A genuine mistake or use without knowledge of material falsity does not automatically establish this offence.
3. Punishment under BNS Sections 235 and 229
Section 235 does not state a standalone prison term. Instead, it directs punishment in the same manner as giving false evidence. The general punishment framework appears in BNS Section 229, subject to the nature and context of the conduct.
| Relevant setting | General punishment under BNS Section 229 |
|---|---|
| False evidence in a judicial proceeding (Section 229(1)) | Imprisonment of either description up to 7 years and fine up to Rs. 10,000 |
| False evidence in other cases (Section 229(2)) | Imprisonment of either description up to 3 years and fine up to Rs. 5,000 |
The applicable punishment must be determined in light of the alleged act, its legal context and any other relevant statutory provisions. These are statutory maximums, not automatic sentences.
4. Cognizability, bail and trial
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under BNS Section 235 is non-cognizable and bailable. It is triable by the court by which the offence of giving false evidence is triable.
Where an alleged offence is committed in, or in relation to, a court proceeding, BNSS Section 215 may restrict cognizance without a complaint from the concerned court or another statutorily authorised source. BNSS Section 379 sets out the procedure for certain complaints by courts. Applicability depends on the particular facts and statutory category.
5. Practical examples
- Knowingly false statutory certificate: A person knowingly presents a certificate admissible by law to establish a material fact, despite knowing the fact recorded in it is false, intending the recipient to accept it as genuine.
- Attempted use: A person submits such a certificate to an authority but the certificate is rejected before it is relied upon. The statutory reference to an attempt may still be relevant if the other elements are established.
- Innocent reliance: A person relies on a certificate without knowing it contains a material error. Mere later discovery of an error does not by itself establish the knowledge and corrupt-use elements.
These examples illustrate legal concepts and do not determine liability in any particular dispute.
6. Related offences and definitions
| Former IPC | Current BNS | Subject |
|---|---|---|
| 191 | 227 | Giving false evidence - definition |
| 192 | 228 | Fabricating false evidence - definition |
| 193 | 229 | Punishment for false evidence |
| 197 | 234 | Issuing or signing a false certificate |
| 198 | 235 | Using as true a certificate known to be false |
| 199 | 236 | False statement in a legally receivable declaration |
| 200 | 237 | Using a false declaration as true |
Issuing or signing a false certificate (Section 234) and knowingly using one as true (Section 235) are distinct statutory acts. Other offences may arise depending on the facts, but they should not be presumed merely because a certificate is disputed.
7. Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF
- National Crime Records Bureau - BNS provisions
- National Crime Records Bureau - BNSS First Schedule
- India Code - official legislation portal
8. Frequently asked questions
What is the current BNS equivalent of IPC Section 198?
Section 235 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 198.
Does using a false certificate always constitute an offence?
No. Section 235 requires corrupt use or attempted use as genuine, knowledge of falsity on a material point, and a certificate of the type described in Section 234.
What is the punishment under BNS Section 235?
The offender is punished in the same manner as for giving false evidence. Section 229 generally provides up to seven years and a fine up to Rs. 10,000 for judicial proceedings, or up to three years and a fine up to Rs. 5,000 in other cases, subject to the applicable circumstances.
Is BNS Section 235 cognizable and bailable?
The BNSS First Schedule classifies this offence as non-cognizable and bailable.
Is attempting to use a false certificate punishable?
Yes. Section 235 expressly covers corruptly using or attempting to use a qualifying certificate as genuine.
This article is general legal information. The precise law applicable to an incident, and the requirements for prosecution, depend on its date and circumstances.