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.
Simplified Explanation
Section 338 of the Bharatiya Nyaya Sanhita 2023 addresses the offense of forging valuable securities, wills, and other important documents that are meant to establish authority or evidence of transactions involving money or property.
Key Provisions of Section 338:
(1) Offense of Forging Important Documents:
This section criminalizes the act of forging certain key documents that can have significant legal and financial consequences. The documents targeted by this provision include:
- Valuable Securities: This refers to financial instruments like bonds, shares, or stocks, which have a recognized value and can be used as a means of investment or transaction.
- Wills: Forging a will, which dictates the distribution of a person’s assets after their death.
- Authority to Adopt a Son: Any forged document purporting to give authority for the adoption of a son, which could have legal implications in inheritance and family matters.
- Authority to Transfer Valuable Securities: Forging documents that give someone the authority to transfer or receive valuable securities or the interest/dividends associated with them.
- Receipts or Acquittances: Forging documents like receipts or acquittances that acknowledge the payment of money or delivery of movable property or valuable securities. These are often used in transactions as proof of payment or receipt.
Essentially, this section is concerned with documents that are used to either claim ownership, transfer property, or prove transactions involving significant assets or legal claims.
(2) Punishment for Forgery:
- Anyone who forges any of the above-mentioned documents will be punished with imprisonment for life, or imprisonment for a term that may extend to ten years, along with a fine.
The punishment is severe due to the potential for harm caused by the forged documents in the realms of finance, inheritance, and legal rights.
Summary:
Section 338 specifically addresses the forgery of documents that hold significant financial or legal value, such as:
- Valuable securities (e.g., bonds, stocks).
- Wills.
- Adoption authorities.
- Documents that authorize the transfer of securities or property.
- Receipts or acquittances acknowledging payment or delivery of valuable assets.
The penalties for forging such documents are severe, with offenders facing life imprisonment or up to ten years of imprisonment, along with fines. The provision underscores the seriousness of forgeries involving financial transactions, inheritance rights, and other critical legal matters.
