Indian criminal law | Forgery
IPC Section 467 and BNS Section 338: Forgery of Valuable Securities, Wills and Receipts
Forgery of a will, valuable security or certain documents authorising financial transactions is treated more seriously than ordinary forgery. The former IPC Section 467 corresponds broadly to Section 338 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What does IPC Section 467 provide?
Section 467 of the Indian Penal Code, 1860 dealt with forgery of valuable securities, wills, authorities to adopt, financial authorisations and specified receipts. The original provision stated:
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.
The spelling "acquittance" means a written acknowledgment of discharge or receipt. The original uploaded text used "acquaintance" in that context; the statutory term is "acquittance".
BNS Section 338: Current corresponding provision
Section 338 of the Bharatiya Nyaya Sanhita, 2023 deals with forgery of a document purporting to be a valuable security, will or authority to adopt a son; authority to make or transfer valuable security; authority to receive principal, interest, dividends, money or movable property; and specified acquittances or receipts.
Punishment: Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and liability to fine. The punishment is an alternative between life imprisonment and a term of up to ten years, with fine also applicable.
Meaning of important legal terms
Forgery and false documents
BNS Section 336 defines forgery by reference to making a false document or false electronic record with the required dishonest or fraudulent intent. BNS Section 335 explains when a false document or false electronic record is made. Mere falsity of a statement in a genuine document does not, without more, necessarily establish forgery; the statutory elements must be proved.
Valuable security
A valuable security is a document that creates, extends, transfers, restricts, extinguishes or releases a legal right, or acknowledges legal liability or the absence of a legal right. Whether a particular instrument qualifies depends on its legal effect and the statutory definition.
Will and financial authority
A will is a legal declaration concerning the disposition of property intended to take effect after death. Section 338 also covers forged authorisations to transfer valuable securities or receive money and other property, and forged receipts or acquittances acknowledging payments or delivery.
Essential ingredients of the offence
- A false document or false electronic record is made within the applicable statutory definition.
- The conduct is dishonest or fraudulent and satisfies the elements of forgery.
- The forged instrument purports to fall within one of the specially protected categories, such as a will, valuable security, specified authority or receipt.
- The prosecution establishes the required elements through admissible evidence.
Examples of conduct that may attract Section 338
- Fabricating a will and falsely presenting it as executed by the testator.
- Forging a signature on a document that purports to transfer a valuable security.
- Creating a fraudulent authority to collect money or securities in another person's name.
- Forging a receipt that falsely acknowledges payment or delivery of valuable property.
These are illustrative scenarios, not automatic findings of guilt. Authenticity, authority, intent and the document's legal character must be assessed in each case.
Comparison: IPC Section 467 and BNS Section 338
| Issue | IPC Section 467 | BNS Section 338 |
|---|---|---|
| Subject | Forgery of valuable security, will, etc. | Forgery of valuable security, will, etc. |
| Maximum punishment | Life imprisonment or imprisonment up to 10 years, and fine | Life imprisonment or imprisonment up to 10 years, and fine |
| Relevant period | Pre-1 July 2024 offences, subject to savings | Offences on or after 1 July 2024 |
| Related definition | IPC Sections 463 and 464 | BNS Sections 335 and 336 |
How is this different from ordinary forgery?
Ordinary forgery is punished under BNS Section 336(2), generally by imprisonment up to two years, or fine, or both. BNS Section 338 addresses specially protected legal and financial instruments and prescribes a substantially higher punishment. Other provisions may apply depending on the document and purpose of the alleged forgery.
Frequently asked questions
Is forging a will punishable under BNS Section 338?
Yes, if the statutory requirements are established. A forged will is expressly within the category of documents covered by Section 338.
What is the maximum punishment for forgery under IPC Section 467?
Life imprisonment, or imprisonment of either description up to ten years, and liability to fine.
Does Section 338 apply to every false document?
No. The document must fall within the specific categories described in Section 338, and the legal requirements of forgery must be satisfied.
Which law applies to an offence committed before 1 July 2024?
Generally, the IPC provisions in force when the alleged conduct occurred remain relevant, subject to statutory savings and the facts of the proceeding.
Official statutory references
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), official India Code PDF - see Sections 335, 336 and 338.
- India Code official legislation portal - consult the Indian Penal Code, 1860 and relevant amendments.
Legal information is general in nature. The applicable provision and procedural classification depend on the date of the alleged offence, facts and current statutory schedule.