Forgery of a valuable security, will, etc.

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

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This provision is now BNS Section 338 (Forgery of a valuable security, will, etc.) under the Bharatiya Nyaya Sanhita, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

This section punishes a particularly serious category of forgery — creating a false document purporting to be a valuable security (such as a promissory note or share certificate), a will, an authority to adopt a son, or an authorisation to transfer or receive property. Because these documents can be used to fraudulently transfer significant wealth or property rights, this section carries one of the harshest penalties within the forgery chapter of the Code.

A fabricated will used to wrongly claim an inheritance, or a forged power of attorney used to sell someone else's property without their knowledge, are typical examples. The offence is complete once the false document is made with fraudulent or dishonest intent, even before it is actually used against anyone.

Separately using such a forged document as though it were genuine attracts liability under Section 471 as well. The Bharatiya Nyaya Sanhita continues this offence under Section 338.

Punishment Imprisonment for life, or imprisonment up to 10 years, and fine

Triable By Magistrate of the First Class

Bailable Non Bailable

Cognizable Cognizable

Compoundable Non Compoundable

Frequently Asked Questions

Is IPC Section 467 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.

What kinds of documents are covered under "valuable security" in this section?

The term covers documents that create, extend, transfer, or extinguish a legal right or obligation — such as promissory notes, share certificates, bonds, and similar instruments — alongside wills and authorisations to transfer or receive property, which this section specifically names.

How is this different from ordinary forgery under Section 463?

Section 463 defines forgery generally. Section 467 singles out forgery of specific high-value, high-consequence documents — wills, valuable securities, and property authorisations — for a much harsher punishment given the potential scale of harm.

Does actually using the forged document lead to an additional charge?

Yes — forging the document under Section 467 and separately using it as though genuine under Section 471 are treated as distinct acts, and both can be charged where applicable.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.