Bharatiya Nyaya Sanhita, 2023
Section 338 BNS: Forgery of Valuable Security, Will, etc.
Section 338 of the Bharatiya Nyaya Sanhita, 2023 creates a serious aggravated forgery offence where the forged document purports to be a valuable security, a will, specified authority, receipt, acquittance or other instrument dealing with money, movable property or valuable security.
Documents and Instruments Covered by Section 338
- a valuable security;
- a will;
- an authority to adopt a son;
- an authority to make or transfer any valuable security;
- an authority to receive principal, interest or dividends on valuable security;
- an authority to receive or deliver money;
- an authority to receive or deliver movable property;
- an authority to receive or deliver valuable security;
- an acquittance or receipt acknowledging payment of money; and
- an acquittance or receipt for delivery of movable property or valuable security.
Meaning of "Valuable Security" Under BNS
Section 2(31) BNS defines "valuable security" as a document which is, or purports to be, a document by which a legal right is created, extended, transferred, restricted, extinguished or released, or by which a person acknowledges a legal liability or acknowledges that he does not have a particular legal right.
Meaning of "Will" Under BNS
Section 2(34) BNS defines "will" as any testamentary document.
Essential Ingredients of Section 338 BNS
- there must be a forged document;
- the document must purport to be one of the specified instruments listed in Section 338;
- the making of the false document must satisfy the requirements of Section 335 BNS; and
- the conduct must amount to forgery within the meaning of Section 336 BNS.
Punishment, Cognizability, Bail and Trial Court
| Category | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| Section 338 - general category | Life imprisonment, or imprisonment of either description up to 10 years, and fine | No | No | Magistrate of the first class |
| Where valuable security is a promissory note of the Central Government | Life imprisonment, or imprisonment up to 10 years, and fine | Yes | No | Magistrate of the first class |
Relationship With Sections 335, 336 and 337 BNS
Section 335 defines how a false document or false electronic record is made. Section 336 defines forgery and contains the general forgery offences. Section 337 deals with forgery of Court records, public registers and specified official documents.
Section 338 is the more serious special provision for valuable securities, wills and the other high-value or legally significant instruments specifically named in the section.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult the official India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
What is the punishment under Section 338 BNS?
Imprisonment for life, or imprisonment of either description up to ten years, and fine.
Is Section 338 BNS bailable?
No. The BNSS First Schedule classifies the offence as non-bailable.
Is Section 338 cognizable?
The general Section 338 offence is non-cognizable. Where the valuable security is a promissory note of the Central Government, the First Schedule separately classifies the offence as cognizable.
What is a valuable security under BNS?
It 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.
Does Section 338 cover wills?
Yes. A forged will is expressly covered.
This page provides general legal information. Whether a document falls within Section 338 depends on its legal character, the alleged act of forgery and the evidence in the individual case.