Using as true a certificate known to be false
Section 198 of the Indian Penal Code, 1860 deals with using as true a certificate known to be false. Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Section 198, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 235 Using as true a certificate known to be false Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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H.d.f.c. Bank Ltd. through Mr. Jayanta Banerjee& ANR. vs State of Bihar& ANR.
Court's Decision & Legal Precedent
The Indian Penal Code does not contemplate vicarious liability on the part of a party who is not directly charged for commission of an offence. When a dispute arises from employment termination and the complainant seeks to convert it into a criminal case by making allegations of defamation and fraud against corporate officials without establishing their direct personal involvement in the alleged wrongdoing, such FIR constitutes malicious prosecution and abuse of process of law and is liable to be quashed. The availability of civil remedies for employment disputes precludes the invocation of criminal law for the same cause of action.
On this section: Cited regarding prosecution of public servants; examined in context of whether accused were acting in official capacity
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Tulsi Das vs State and Anr.
Court's Decision & Legal Precedent
The issuance of an ownership certificate as a natural consequence of an earlier legitimate property registry does not constitute an offence under Section 207 IPC (Furnishing false information to public servant), as no false information is furnished to the public servant when the certificate merely documents an existing property right established by the earlier registry.
On this section: Cheating. The original complaint was filed under this section, though the exact application is not detailed in the order.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… CC no. 63/1C/2015) of the second respondent (complainant), the petitioner (along with certain others) has been summoned by the Metropolitan Magistrate, by her order dated 18.01.2018, to appear as an accused and be answerable on accusations of complicity in certain acts statedly constituting offences punishable under Sections 197 and 198 read with Section 34 of Indian Penal Code, 1860 (IPC). The petitioner had assailed the said summoning order in the court of Sessions by criminal revision no. 739/2018 but without success, his petition having been dismissed by its order dated 09.01.2019. 2. Feeling aggrieved, he has come up invoking the inherent …
Questions about Section 198
What have the courts held on Section 198 of the Indian Penal Code?
H.d.f.c. Bank Ltd. through Mr. Jayanta Banerjee& ANR. vs State of Bihar& ANR. (29 Aug 2022) is the leading judgment on this section among those set out below: Cited regarding prosecution of public servants; examined in context of whether accused were acting in official capacity. Another 1 judgment on this section is set out below. They run from 2013 to 2022.
How do I find court cases under Section 198 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 198, section 198 IPC, section 198 of the Indian Penal Code. People searching for it also type ipc 198 in bns and ipc 198a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with H.d.f.c. Bank Ltd. through Mr. Jayanta Banerjee& ANR. vs State of Bihar& ANR. (29 Aug 2022).
What should I read with Section 198 of the Indian Penal Code, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 235 (Using as true a certificate known to be false), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 198 of the Indian Penal Code come into force?
Section 198 of the Indian Penal Code, cited as IPC 198, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.