IPC 238 vs BNS 238
● Retained in BNSPublic servant framing false certificate or record with intent to defraud
Section 238 of the Indian Penal Code, 1860, deals with the offence of a public servant who knowingly frames, signs, or issues a false certificate or record intending to defraud or deceive any person or authority. This ensures that official documents remain truthful and cannot be used for fraudulent purposes.
Key aspects:
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Only public servants are liable.
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The act involves issuing or endorsing false certificates or records intended to mislead or cheat.
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Punishment: Imprisonment up to 2 years, or fine, or both.
Example: A government officer falsifies a trade license certificate so a business can unlawfully receive government incentives. IPC 238 protects public trust and legal integrity, penalizing misuse of office for fraudulent gains.
Public servant framing false certificate or record with intent to defraud
Section 238 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 238. It punishes public servants who knowingly frame, issue, or endorse false certificates or records intending to defraud or deceive individuals or authorities.
Key aspects:
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Applies exclusively to public officials performing official duties.
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Punishment remains: Imprisonment up to 2 years, or fine, or both.
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Example: A municipal officer falsifies official property documents to enable a private party to gain unlawfully.
BNS 238 reinforces accountability and transparency, ensuring that public servants cannot exploit official records for fraudulent purposes.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 238 to BNS BNS 238.