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IPC 198

IPC Section 198 – Using as True a Certificate Known to Be False | Punishment & Free Legal Consultation
Section 198 · Indian Penal Code

IPC Section 198 – Using as True a Certificate Known to Be False

Section 198 of the Indian Penal Code punishes corruptly using, or attempting to use, a certificate as though it were true, knowing that it is actually false in some material point. It is the direct companion offence to Section 197 (issuing or signing a false certificate) — targeting the person who relies on and deploys a false certificate, rather than the person who originally created it.

Punishment: Same as giving false evidence (Section 193)
Cognizable: No
Bailable: Yes
Compoundable: No
BNS 2023 equivalent: Section 235
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Quick Answer: What Does Section 198 Mean?

In simple terms, Section 198 applies when someone corruptly uses, or tries to use, a certificate as though it were genuine, while knowing — full well — that it is actually false in some material way. A common real-world example: someone submitting a forged educational degree certificate to secure a job, knowing that the degree was never genuinely earned. Even if that person didn't create the fake certificate themselves, deploying it as though it were true, with knowledge of its falsity, is enough to trigger this offence — treated by the law exactly as seriously as giving false evidence in court.

Requires corruptly using, or attempting to use, a certificate as a true one
Requires knowledge that the certificate is false in some material point
Applies to the user of the false certificate, distinct from whoever originally issued it
Punishment is cross-referenced to the false evidence framework, not a fixed penalty

What is IPC Section 198?

IPC Section 198 sits in Chapter XI of the Indian Penal Code, "Of False Evidence and Offences Against Public Justice," immediately following Section 197 (issuing or signing a false certificate). Where Section 197 targets the person who creates or signs a false certificate in the first place, Section 198 addresses the separate, subsequent act of actually deploying that false certificate — using it, or attempting to use it, as though it were genuine.

This structure ensures accountability extends beyond just the original forger or falsifier — someone who knowingly relies on and presents a false certificate to gain some advantage (employment, admission, a licence, or similar) is independently liable under this section, even where they had no role whatsoever in creating the false document itself.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 198 IPC now corresponds to Section 235 of the BNS, which retains the same substantive scope and punishment framework.

Punishment Under Section 198

PunishmentThe same punishment as for giving false evidence — generally up to 7 years and fine, or up to 3 years and fine, depending on the specific circumstances under Section 193
Nature of OffenceNon-cognizable — police generally require a Magistrate's order to investigate or arrest
Bailable / Non-BailableBailable — bail is a matter of right
CompoundableNon-compoundable
Triable ByThe same court by which the offence of giving false evidence is triable

As with its companion offences under this chapter, Section 198 does not fix its own independent penalty; instead, it applies the same punishment framework as false evidence, reflecting the Code's view that using a false certificate knowingly is functionally equivalent, in seriousness, to lying under oath.

Key Ingredients / Essential Elements

1

A relevant certificate

The certificate in question must be one of the kind described under Section 197 — required by law to be given or signed, or admissible in evidence.

2

Corruptly using, or attempting to use, it as true

The accused must have corruptly used, or attempted to use, the certificate as though it were a true, genuine certificate.

3

Knowledge of its falsity in a material point

The accused must have known that the certificate was false in some material — that is, significant — respect.

How Section 198 Relates to Neighbouring Provisions

  • Section 193 prescribes the general punishment for giving or fabricating false evidence, which Section 198 directly borrows.
  • Section 197 punishes issuing or signing a false certificate — the companion offence targeting the certificate's creator.
  • Section 198 (this section) punishes corruptly using, or attempting to use, that false certificate as though it were genuine.
  • Section 199 punishes a related but distinct offence — making a false statement in a declaration legally receivable as evidence.

Frequently Asked Questions on Section 198

What exactly does IPC Section 198 punish?+
It punishes corruptly using, or attempting to use, a certificate as though it were true, while knowing the certificate is actually false in a material point.
Is Section 198 a bailable offence?+
Yes, it is bailable.
What is the punishment for using a known-false certificate?+
The section applies the same punishment as for giving false evidence under Section 193, which varies depending on the circumstances, generally up to 7 years and fine, or up to 3 years and fine.
What is a real-world example of this offence?+
An individual submitting a forged educational degree certificate to secure a job, knowing the degree was never genuinely earned, would fall within this section.
Does the person need to have created the false certificate themselves?+
No, this section applies specifically to the person who uses or attempts to use the false certificate — the separate offence of creating or signing it is addressed under Section 197.
Does an honest, mistaken belief that the certificate was genuine attract this section?+
No, the section requires actual knowledge that the certificate was false in a material point — a genuinely honest, mistaken belief that it was authentic does not satisfy this requirement.
Is Section 198 cognizable?+
No, it is non-cognizable.
Can Section 198 be settled privately?+
No, it is non-compoundable.
Is Section 198 still valid after the BNS came into force?+
IPC Section 198 continues before 1 July 2024; offences after that date fall under Section 235 of the Bharatiya Nyaya Sanhita, 2023.
What's the cost of hiring a lawyer for a case involving Section 198?+
Costs vary depending on which punishment tier under Section 193 applies, and the complexity of establishing knowledge of the falsity. Many lawyers, including our panel, offer a free initial consultation — call +91 94797 98899.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Consult a qualified advocate for guidance on your specific case, especially given the transition from IPC to BNS.
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© 2026 Aapka Legal Advice. This page provides general information about IPC Section 198 and is not a substitute for professional legal advice.
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