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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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.
Legal Provision — Text of Section 198 IPC
The phrase "any such certificate" refers back to the certificates described in Section 197 — those required by law to be given or signed, or that are admissible in evidence. This provision must be read together with Section 193 (the punishment framework for false evidence, which Section 198 directly borrows) and Section 197, its immediate companion.
Punishment Under Section 198
| Punishment | The 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 Offence | Non-cognizable — police generally require a Magistrate's order to investigate or arrest |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Non-compoundable |
| Triable By | The 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
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.
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.
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.