Forgery of a valuable security, will, etc.

Is BNS Section 338 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Imprisonment for life, or imprisonment up to 10 years, and fine. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

Is the punishment identical to the old IPC section?

Yes — imprisonment for life, or up to ten years, along with a fine, exactly as under IPC Section 467, reflecting the same elevated seriousness assigned to forgery of wills and valuable securities.

What kinds of documents does this section cover?

The same categories as before: valuable securities such as promissory notes or share certificates, wills, and authorisations to transfer or receive property — documents whose forgery can facilitate significant fraudulent transfers of wealth.

Does using the forged document attract a separate charge under BNS?

Yes — as under the earlier IPC framework, forging the document and separately using it as though genuine are treated as distinct acts, both of which can be charged where applicable.