Bharatiya Nyaya Sanhita, 2023
BNS Section 338
Forgery of valuable security, will, etc
In one line
BNS Section 338 deals with forgery of valuable security, will, etc and replaces IPC 467.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 338 | Forgery of a valuable security, will, or authority to make or transfer any valuable security, or to receive any money, etc. | Imprisonment for life, or imprisonment for 10 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
| 338 | When the valuable security is a promissory note of the Central Government. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 338
338. Forgery of valuable security, will, etc.
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.
Frequently asked
What was BNS Section 338 in the IPC?
BNS Section 338 (Forgery of valuable security, will, etc) replaces Section 467 of the Indian Penal Code, 1860. IPC 467 is now BNS 338.
What is the punishment under BNS 338?
Forgery of a valuable security, will, or authority to make or transfer any valuable security, or to receive any money, etc – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and non-bailable, triable by magistrate of the first class.
Is BNS 338 bailable?
Non-bailable: BNS 338, 338. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 333 — House-trespass after preparation for hurt, assault or wrongful restraint
- BNS 334 — Dishonestly breaking open receptacle containing property
- BNS 335 — Making a false document
- BNS 336 — Forgery
- BNS 337 — Forgery of record of Court or of public register, etc
- BNS 339 — Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
- BNS 340 — Forged document or electronic record and using it as genuine
- BNS 341 — Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
- BNS 342 — Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
- BNS 343 — Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security