BNS Section 338: Forgery of a valuable security or will (2026)
What Section 338 of the Bharatiya Nyaya Sanhita (BNS) covers: forgery of a valuable security, a will, or an authority to deal with property, how it maps to old Section 467 of the IPC, the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 338 of the Bharatiya Nyaya Sanhita (BNS) punishes forgery of a document that purports to be a valuable security or a will, or an authority to deal with money or property. It replaced Section 467 of the Indian Penal Code (IPC) from 1 July 2024. This is one of the gravest forms of forgery. The punishment is imprisonment for life, or imprisonment of either description up to ten years, and a fine. This explainer sets out what Section 338 covers, how it maps to the old law, the punishment, and the classification. Last verified October 2026.
- New section: forgery of a valuable security or will is Section 338 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 467 of the IPC.
- Punishment: imprisonment for life, or up to ten years, and a fine.
- Classification: generally cognizable, non-bailable, triable by the Court of Session (confirm against the First Schedule).
01Why the section number matters now
Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The forgery provisions moved. Forgery of a valuable security or will, which lawyers knew as Section 467 of the IPC, is now Section 338 of the BNS.
This matters in practice. An FIR for an offence committed on or after 1 July 2024 cites Section 338. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence. So for some years both numbers will appear in live files.
02What Section 338 covers
Section 338 of the BNS punishes forgery of high-value documents, where a fake can transfer wealth or defeat an inheritance. It reaches a document which purports to be, or contains, any of the following.
- a valuable security or a will;
- an authority to adopt a son;
- an authority to make or transfer a valuable security, or to receive the principal, interest or dividends on a valuable security;
- an authority to receive or deliver money, movable property, or a valuable security; or
- an acquittance or receipt for payment of money, or for delivery of movable property or a valuable security.
Why the punishment is so high
A forged will or security can shift large sums or whole estates, so the law sets the ceiling at life imprisonment. Section 338 builds on the definition of a false document in Section 335 of the BNS, and sits alongside forgery of a court record under Section 337.
03Key ingredients
To bring a case under Section 338, the prosecution must show forgery, as defined in the BNS, of one of the listed high-value classes of document.
- Forgery: making a false document or false electronic record (as defined in Section 335) for one of the purposes that amount to forgery.
- A listed class of document: the forged document must be, or purport to be, a valuable security, a will, or one of the other authorities or receipts the section names.
Because the document type decides the section, proof that the forged document falls within one of these high-value classes is central to the charge.
04Old to new: IPC 467 to BNS 338
Section 467 of the IPC is now Section 338 of the BNS. The offence and the punishment are carried over.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Forgery of valuable security, will, etc. | Section 467 | Section 338 |
| Maximum imprisonment | Life, or up to ten years | Life, or up to ten years |
| Fine | Yes | Yes |
The life-imprisonment ceiling marks this out as the most serious forgery offence, reserved for documents that carry real financial or testamentary weight.
05Punishment and classification
The punishment under Section 338 is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and a fine.
On classification, this offence is generally treated as:
- Cognizable: the police can register an FIR and investigate without prior court approval.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable by the Court of Session.
Confirm before you act
Secondary sources differ a little on the classification of Section 338, so confirm the entry against the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before you rely on it.
06What changed from the old law
For this offence, the change is mainly the number. The list of high-value documents and the life-imprisonment ceiling are carried over from Section 467 of the IPC, so older judgments on Section 467 still guide how Section 338 is read.
Because the definition of a false document in Section 335 continues to cover electronic records, forgery of an electronic valuable security can fall here too.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A forged will or security usually sets off several proceedings at once, a criminal trial, a civil fight over the estate or the instrument, and appeals. Claw lets you track them in one place by searching cases, orders and hearing dates across 9,102 courts, benches and forums. The judgment base now passes 30 crore decisions and reaches from the Supreme Court in 1950 and the High Courts in 1990 to the present, with searches typically returning in under five seconds. So you can study how courts applied the old Section 467 and the new Section 338, or follow a live matter by party or advocate name.
Claw will not use the documents you upload to train its AI models. Set up a free Claw account to follow a Section 338 matter by party or advocate name and pull the Section 467 precedents behind it. For wider legal research, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 338, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 467 IPC in the BNS?
Section 467 of the IPC, forgery of a valuable security, will, etc., is now Section 338 of the Bharatiya Nyaya Sanhita, 2023. The list of documents and the life-imprisonment ceiling are carried over.
What is the punishment under BNS Section 338?
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and a fine. It is the gravest forgery offence in the code. Last verified October 2026.
Is an offence under BNS Section 338 bailable?
It is generally treated as cognizable and non-bailable, and triable by the Court of Session. Because secondary sources differ, confirm the entry against the First Schedule of the BNSS.
What documents does Section 338 cover?
It covers forgery of a document that purports to be a valuable security or a will, an authority to adopt a son, an authority to make or transfer a valuable security or receive money or property, or a receipt for such payment or delivery.
Does old case law on Section 467 still apply?
In large part, yes. Because the list of documents and the punishment are carried over, judgments on Section 467 of the IPC still guide how Section 338 of the BNS is read.
Can I track a case under Section 338 in Claw?
Yes. A free Claw account supports search and tracking of this offence by section, party or advocate name across 9,102 courts, benches and forums, usually with results in under five seconds. Claw researches and tracks the case but does not give legal advice.