IPC 198 vs BNS 198
● Retained in BNSUsing as true a certificate known to be false
Section 198 of the Indian Penal Code, 1860, deals with the offence of using a certificate as genuine while knowing it to be false. While IPC 197 punishes the act of issuing or signing a false certificate, IPC 198 extends liability to the person who knowingly relies on such a false certificate to gain benefits or mislead authorities.
Key provisions:
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Whoever uses or attempts to use any certificate required by law as true, knowing it to be false, shall face the same punishment as if they had given false evidence.
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Punishment includes imprisonment and fine, depending on the impact of the false evidence.
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Example: A student knowingly submitting a false age certificate to gain admission in an institution, or an employee presenting a false medical certificate to claim undue leave benefits.
This section ensures that not only the issuer but also the user of a false certificate is held accountable, thereby discouraging misuse of fabricated documents in legal and official matters.
Using as true a certificate known to be false
Section 198 of the Bharatiya Nyaya Sanhita, 2023, corresponds directly to IPC 198. It punishes the use of a certificate as true when the person knows it to be false in material particulars. By maintaining this provision, the BNS continues to safeguard the authenticity of certificates in judicial, administrative, and professional contexts.
Key provisions:
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Any person who knowingly uses a false certificate required by law shall face the same punishment as if they had provided false evidence under BNS 193.
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Punishment includes imprisonment and fine, with severity depending on the consequences of the act.
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Example: Submitting a forged caste or income certificate for government job reservation benefits.
This ensures that fraudulent reliance on false certification is treated as a serious offence, maintaining fairness in governance, education, employment, and justice.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 198 to BNS BNS 198.