IPC Section 31 - "A Will"

In criminal law, document-related offences such as forgery, cheating, and criminal breach of trust often involve important legal documents like contracts, valuable securities, and wills. But what exactly qualifies as a “will” under the Indian Penal Code?

IPC Section 31 [now replaced by BNS Section 2(31)] provides the definition of a will, which is important in determining criminal liability in cases involving forged or disputed testamentary documents.

In this blog, we will explore:

• The legal meaning of “a will” under IPC Section 31
• Real-life examples of how wills are misused in criminal matters
• Its role in property fraud and forgery cases
• Important case laws interpreting what qualifies as a valid will

What Is IPC Section 31?

Legal Definition (IPC Section 31)

“The word ‘will’ denotes any testamentary document.”

In other words, any legal document that declares a person’s wishes regarding the distribution of their property after death is considered a will. This includes formal wills, handwritten wills, and codicils (modifications or supplements to an original will).

Simplified Explanation

A will is a declaration of how someone wants their assets to be handled after their death. It becomes effective only after the testator’s (maker’s) death and can be challenged if forged, manipulated, or executed under undue influence.

A forged or tampered will is treated as a serious offence, and criminal liability may arise under IPC Sections 467, 468, or 471.

Practical Examples Of A Will

Handwritten Will:
A person writes down how their house and savings should be distributed among their children after death. If this document is forged by someone to change the beneficiaries, it constitutes forgery of a will.

Registered Will:
A will registered at the sub-registrar’s office that gives property to a spouse. If someone presents a fake registered will in court, they could be charged with using a forged document (IPC 471).

Codicil (Supplement to a Will):
If someone adds a fake codicil (change to a will) showing them as a new beneficiary, it is considered forgery of a testamentary document.

Disputed Wills in Property Disputes:
A common scenario is where multiple parties submit conflicting versions of a will—one of which may be forged.

Where Is This Term Used in IPC?

The term “will” appears in various sections that deal with document-related crimes:

Case Laws Interpreting “Will”

Below are key judgments where Indian courts addressed the authenticity, validity, and criminal misuse of wills.

1. Bharpur Singh v. Shamsher Singh,

Facts: The dispute was over the validity of a will. The proponent of the will failed to prove the due execution and attestation as required by law.
Held: In the case, Bharpur Singh v. Shamsher Singh, the Supreme Court held that the onus to prove the will is on the propounder, and mere registration is not enough. The will must be proved by at least one attesting witness as per Section 68 of the Evidence Act.

2. H. Venkatachala Iyengar v. B.N. Thimmajamma & Ors.,

Facts: The genuineness of a will was challenged by legal heirs.
Held: In this case, of H. Venkatachala Iyengar v. B.N. Thimmajamma & Ors, the Supreme Court laid down the principles for proving a will, emphasising the importance of satisfying the conscience of the court regarding the free and voluntary execution of the will.

3. Smt. Jaswant Kaur v. Smt. Amrit Kaur,

Facts: The validity of a will was disputed on the grounds of suspicious circumstances surrounding its execution.
Held: In the case of Smt.Jaswant Kaur v. Smt. Amrit Kaur, the Supreme Court held that the propounder must dispel all suspicious circumstances and prove the will’s execution in accordance with the law.

Valuable Security vs Document

Conclusion

IPC Section 31 provides a foundational definition of what constitutes a "will" in criminal law. This simple definition becomes highly significant when disputes arise over inheritance, and when wills are forged, manipulated, or falsely presented to gain unlawful advantage.

Offences involving a will are not just civil in nature—they can also attract criminal charges like forgery, cheating, and use of false documents. With rising property disputes and misuse of testamentary documents, courts have taken a strict view on the authenticity and legality of wills.

Whether you’re drafting a will or defending your rights in a disputed inheritance case, understanding the criminal implications of IPC Section 31 is essential.

FAQs

Still have questions about the legal treatment of wills under IPC? Here are answers to some frequently asked questions.

Q1. Is forging a will a criminal offence in India?

Yes. Forging a will is punishable under IPC Section 467, which can lead to imprisonment for life or up to 10 years.

Q2. Can a handwritten will be legally valid?

Yes. A handwritten will is valid if signed and witnessed properly, but it is more vulnerable to fraud or forgery.

Q3. What if two contradictory wills are found?

The latest valid will prevail. However, if one is forged, criminal charges may be filed under IPC.

Q4. Does a digital or scanned copy of a will count?

Only if it is authenticated and registered. Fake scanned wills can also be criminally prosecuted under the IPC and IT Act.