338 BNS : Forgery of valuable security, will, etc.

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Introduction of 338 BNS

BNS Section 338 addresses the offense of forging specific critical documents like valuable securities, wills, and authority documents. The section ensures that forgery of such documents, which could have significant financial or legal implications, is strictly penalized. The punishment includes imprisonment for life, or imprisonment for up to 10 years, along with a fine. Below are the key points explained in detail.

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The Bharatiya Nyaya Sanhita (BNS) Section 338 replaces the old Indian Penal Code (IPC) Section 467.

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What is BNS Section 338 ?

BNS Section 338 deals with the offense of forgery involving valuable documents, such as wills, securities, and authority letters. It criminalizes the act of forging documents that purport to be related to valuable securities, property transfer rights, or legal authority. The law ensures that such documents are protected from fraudulent activities. If someone forges these documents with the intention of using them for personal gain or to harm others, they can face serious punishment, including life imprisonment or up to 10 years of imprisonment along with a fine. This section also applies to both physical and electronic records.

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BNS 338 in Simple Points

1. Protection of Valuable Documents

BNS Section 338 safeguards valuable documents such as wills, securities, and financial authority letters from forgery. These documents hold significant legal and financial value, and their misuse can lead to severe consequences for individuals or institutions. This section ensures accountability for those who attempt to falsify such records for personal gain or to harm others.

2. Inclusion of Electronic Records

The law explicitly includes electronic records under its scope, recognizing the growing reliance on digital documentation. Forging an electronic authority or financial document, such as an online promissory note or e-receipt, is treated the same as falsifying physical documents. This ensures modern forgeries are effectively tackled.

3. Severe Punishment to Deter Forgery

The punishment for forging documents under BNS Section 338 is life imprisonment or imprisonment for up to 10 years, along with a fine. The stringent penalty reflects the seriousness of the offense and aims to deter potential offenders from engaging in forgery.

4. Coverage of Specific Document Types

This section covers a wide range of documents, including wills, valuable securities, authority to transfer property, and receipts for movable property. It ensures that any attempt to alter or falsify these critical documents is strictly penalized, thereby protecting individual rights and the legal system’s integrity.

5. Classification and Trial of the Offense

Offenses under BNS Section 338 are classified as non-bailable and non-cognizable, except for cases involving central government promissory notes, which are cognizable. Such cases are tried by a Magistrate of the First Class, ensuring judicial oversight and fair trials for accused individuals.

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Section 338 BNS Overview

BNS Section 338 addresses the crime of forging valuable documents like wills, securities, and authority letters. It ensures protection against fraudulent acts involving financial and legal documents. The law imposes severe penalties, including life imprisonment or imprisonment up to 10 years with a fine, to deter misuse of such documents. It applies to both physical and electronic records to combat modern forms of forgery. This section ensures the authenticity of critical documents and safeguards public trust in legal and financial transactions.

BNS 338 : 10 Key Points

1. Forgery of Valuable Securities

Valuable securities include financial documents like bonds, promissory notes, or shares. Forging these documents can lead to severe financial fraud, misappropriation of funds, or loss to the rightful owner. The law under BNS Section 338 aims to protect the authenticity of such financial instruments, ensuring trust in economic transactions.

2. Forgery of Wills

Wills are critical legal documents that dictate the distribution of assets after a person’s death. Forging a will can lead to disputes among heirs, unjust enrichment, and legal chaos. Section 338 safeguards the validity of wills, ensuring that the wishes of the deceased are honored and not altered fraudulently.

3. Forgery of Authority to Adopt

This section also applies to documents that grant authority to adopt a child. Forging such documents can lead to unlawful adoptions, emotional trauma, and disputes over parental rights. By addressing this issue, the law upholds the sanctity of adoption processes and ensures children’s welfare is not compromised.

4. Forgery of Financial Authority Documents

The section covers the forgery of documents that authorize the handling of money or securities, such as receipts for payment or delivery of movable property. These documents are often relied upon in legal and financial matters. Forging them can lead to monetary loss or fraud, which this provision aims to prevent.

5. Punishment for Forgery

The section prescribes severe punishments for offenders. Those found guilty can face life imprisonment or imprisonment for up to 10 years, along with a fine. The harsh penalties emphasize the seriousness of the offense and act as a deterrent to potential forgers.

6. Classification of the Offense

Forgery under this section is classified as non-cognizable, meaning police need magistrate approval to investigate. It is also non-bailable and non-compoundable, ensuring strict legal scrutiny. Cases are tried by a Magistrate of the First Class, ensuring proper judicial oversight.

7. Special Case: Promissory Notes of the Central Government

If the forged document is a promissory note issued by the Central Government, the offense becomes cognizable, meaning police can directly register and investigate the case. The penalties remain the same, but the classification underscores the seriousness of tampering with government-issued securities.

8. Protection of Public Trust

This section protects public trust in financial and legal documents. By penalizing forgery, it ensures that people can rely on the authenticity of important records without fear of deception or fraud, fostering confidence in administrative systems.

9. Safeguarding Property Transactions

Documents related to the transfer of money, securities, or property are also protected under this section. Forging these documents can disrupt property transactions, leading to disputes and financial losses. The law ensures that such fraudulent acts are punishable to maintain fairness in transactions.

10. Inclusion of Digital Records

With the rise of digitalization, the section also applies to electronic records, making it relevant in the modern age. This ensures that forgery of digital financial instruments or authority documents is treated with the same seriousness as physical records, promoting digital security and accountability.

Examples of BNS Section 338

1. Forgery of a Will
   An individual creates a fake will to falsely claim the property of a deceased relative. This falls under BNS Section 338, as it involves forging a document of legal significance.
2. Forgery of Promissory Notes
   A person forges a promissory note issued by the Central Government to gain financial benefits. This act is cognizable and non-bailable under BNS Section 338.

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BNS 338 Punishment

• Punishment: Imprisonment for life or imprisonment of up to 10 years, and also liable to a fine.
• Fine: The amount is determined based on the severity of the offense

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BNS 338 bailable or not ?

BNS Section 338 is non-bailable in most cases. However, if the forged document is a promissory note issued by the Central Government, it becomes cognizable and is still non-bailable. This means that the accused cannot secure bail immediately in most cases involving this offense, and the matter will be tried in a Magistrate’s court.

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Bharatiya Nyaya Sanhita Section 338

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
338	Forgery of valuable securities, wills, or authority documents	Life imprisonment, or up to 10 years + fine	Non-Bailable	Non-Cognizable (except in cases of central government promissory notes, which are cognizable)	Magistrate of the First Class

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BNS Section 338 FAQs

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