Section 198 IPC - Using as True a Certificate Known to Be False
Section 198 of the Indian Penal Code, 1860 punished corruptly using, or attempting to use, as true a certificate of the kind covered by Section 197 IPC while knowing that the certificate was false in a material point.
Section 198 IPC - Statutory Provision
Using as true a certificate known to be false.
Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Essential Ingredients of Section 198 IPC
- Certificate covered by Section 197: the words "any such certificate" refer to the kind of certificate described in Section 197 IPC.
- Use or attempted use: the section covers both completed use and an attempt to use the certificate.
- Use as a true certificate: the certificate must be presented or attempted to be presented as true.
- Corrupt conduct: the statutory text requires the use or attempted use to be corrupt.
- Knowledge of material falsity: the person must know that the certificate is false in a material point.
- Linked punishment: punishment is in the same manner as if the person gave false evidence.
What Does "Any Such Certificate" Mean?
Section 198 follows Section 197 IPC. Section 197 concerned a certificate required by law to be given or signed, or a certificate relating to a fact of which such certificate is by law admissible in evidence. Section 198 addresses the corrupt use or attempted use of such a certificate as true when the user knows it to be materially false.
Knowledge That the Certificate Is False
The knowledge requirement is express. It is not enough under the wording of Section 198 merely to establish that the certificate was false. The person using or attempting to use it must know that it is false in a material point.
Meaning of False in a Material Point
The statutory phrase "false in any material point" limits the provision to falsity concerning a matter material to the certificate. Whether a particular false statement is material depends on the legal nature and purpose of the certificate and the circumstances in which it is used.
Attempt to Use a False Certificate
Section 198 expressly covers an attempt to use the certificate as true. A completed use is therefore not indispensable to the statutory wording. Whether particular conduct constitutes an attempt depends on the facts and the applicable principles of criminal attempt.
Punishment Under Section 198 IPC
| Conduct | Statutory consequence |
|---|---|
| Corruptly using or attempting to use as true a qualifying certificate known to be false in a material point | Punished in the same manner as if the offender gave false evidence |
The section therefore adopts the punishment applicable to giving false evidence rather than stating a separate fixed punishment. Section 193 IPC contained the general punishment framework for false evidence, depending on the circumstances in which it was given.
Section 196 and Section 198 IPC - Difference
Section 196 IPC broadly dealt with corruptly using or attempting to use as true or genuine evidence known to be false or fabricated. Section 198 specifically dealt with a certificate of the kind contemplated by Section 197 and required knowledge that the certificate was false in a material point.
Section 199 and Section 200 IPC
Section 199 IPC dealt with materially false statements in declarations which the law makes receivable as evidence. Section 200 IPC addressed corruptly using or attempting to use such a declaration as true while knowing it to be false in a material point.
Procedural Context Before BNSS
Section 198 IPC formed part of the IPC provisions dealing with false evidence and offences against public justice. Questions concerning cognizance and the procedure for prosecution under the Code of Criminal Procedure, 1973 depended on the nature of the alleged offence, the setting in which the certificate was used, and whether any special statutory restriction on cognizance applied. The procedural provision must therefore be examined with the facts of the particular case.
Pre-BNS Legal Position
Section 198 formed part of Chapter XI of the IPC. This page describes the IPC and CrPC framework before commencement of the Bharatiya Nyaya Sanhita, 2023. Where conduct or proceedings span the transition to the new criminal laws, the applicable repeal, saving and transitional provisions should be considered separately.
Legal information: This article provides general statutory information and does not substitute for legal advice concerning a particular certificate, evidentiary issue or criminal proceeding.