Section 338 BNS – Section 338 of New Bharatiya Nyaya Sanhita

Section 338 BNS

Section 338 of the Bharatiya Nyaya Sanhita (BNS) 2023 addresses the serious crime of forgery, specifically targeting valuable documents such as securities and wills. Here are the key details regarding this section:

Overview of Section 338 BNS

• Offense Defined: Section 338 criminalizes the act of forging documents that purport to be valuable securities, wills, or authorities to transfer property or receive payments. This includes any document that acts as an acquittance or receipt for payment or delivery of valuable items12.
• Punishments: The penalties for committing forgery under this section are severe:
  • Imprisonment for Life: In serious cases, individuals can face life imprisonment.
  • Imprisonment up to 10 Years: For less severe instances, the punishment can extend to a maximum of ten years.
  • Fines: Offenders may also be liable to pay fines, with the amount determined by the court15.
• Cognizability and Bailability: The offense is categorized as non-cognizable and non-bailable, meaning that police cannot arrest without a warrant and bail is not readily granted24.
• Jurisdiction: Cases under this section are triable in a Magistrate’s court of the first class2.

Examples of Documents Covered

Section 338 encompasses a range of important documents, including:

• Valuable securities (e.g., stocks, bonds)
• Wills
• Authorities to adopt a son
• Documents authorizing the transfer of valuable securities or receipt of money
• Receipts acknowledging payments or deliveries related to movable property15.

Comparison with Indian Penal Code

Section 338 BNS is similar to Section 467 of the Indian Penal Code (IPC), which also deals with forgery but has been replaced by this new provision in the BNS. This change reflects an effort to consolidate and modernize laws related to document forgery in India45.

Importance of Section 338 BNS

This section plays a crucial role in maintaining trust in legal and financial transactions by imposing strict penalties on forgery. It protects individuals and institutions from potential fraud, thereby ensuring that victims have legal recourse against such crimes5.