Section 338 BNS: Forgery of Valuable Security, Will, or Authority to Make/Transfer Property (Formerly Section 467 IPC)

Section 338 of Bharatiya Nyaya Sanhita: Forgery of Valuable Security, Will, or Authority to Make/Transfer Property

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Legal Commentary & Landmark Judgments: Section 338

Section 338 penalizes Forgery of Valuable Securities, Wills, or Authority to transfer property, imposing punishment up to life imprisonment.

Aggravated Forgery of Valuable Security: Section 338 (formerly Section 467 IPC) provides that whoever forges a document purporting to be a valuable security, a will, or an authority to adopt or receive property/dividends, shall be punished with imprisonment for life or imprisonment of either description up to ten years, and shall also be liable to fine.
Evidentiary Standard & Commercial Protection: Safeguards testamentary dispositions and financial instruments; prosecution requires establishing fraudulent execution or material alteration with intent to cause wrongful loss.

This section imposes severe custodial penalties to deter fraudulent document tampering, safeguarding commercial reliance on negotiable instruments, wills, and title deeds.

Key Landmark Precedents:

Sheila Sebastian v. R. Jawaharaj (2018) 7 SCC 581: Affirmed that Section 467 IPC / Section 338 BNS is an aggravated form of forgery carrying potential life imprisonment, requiring rigorous proof of document fabrication.
Sushil Suri v. CBI (2011) 5 SCC 708: Upheld prosecution under Section 467 for fabrication of commercial bank guarantees and financial securities.

Legal Commentary:

Section 338 is the premier forgery provision in banking fraud and real estate forgery. Because wills, title deeds, and negotiable securities represent immense economic value, fabricating them carries potential life imprisonment.

Section 338: Forgery of Valuable Security, Will, or Authority to Make/Transfer Property

Section 338 of Bharatiya Nyaya Sanhita: Forgery of Valuable Security, Will, or Authority to Make/Transfer Property

Legal Commentary & Landmark Judgments: Section 338