Law Maker

CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

Section 338: Forgery of valuable security, will, etc

The Bharatiya Nyaya Sanhita, 2023

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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

2 questions in 10 of our papers cite Section 338. Try these from the free papers:

  1. 1. Match List I (offence under the Bharatiya Nyaya Sanhita, 2023) with List II (punishment): List I A. Forgery of a document purporting to be a will or an authority to adopt a son (Section 338) B. Fraudulently destroying a document purporting to be a will (Section 343) C. Dishonestly executing a deed of transfer containing a false statement of its consideration (Section 322) D. Dishonestly preventing a debt due to oneself from being made available for payment of one's debts (Section 321) List II 1. Imprisonment for life, or up to seven years, and fine 2. Imprisonment up to three years, or fine, or both 3. Imprisonment for life, or up to ten years, and fine 4. Imprisonment up to two years, or fine, or both

  2. 2. A has in his possession a document purporting to be a will, knowing it to be forged and intending that it shall be fraudulently used as genuine. Under Section 339 of the Bharatiya Nyaya Sanhita, 2023, A is punishable with

Practise questions on Bharatiya Nyaya Sanhita