BNS Section 178 – Counterfeiting coin, government stamps, currency-notes or bank-notes
The Indian Penal Code (IPC) Section – S.230, 232, 246, 249,255, 489 A
Counterfeiting Coin, Government Stamps, Currency-Notes, or Bank-Notes
Legal Provision:
Under the relevant laws, anyone who counterfeits or knowingly participates in the process of counterfeiting coins, government-issued stamps, currency-notes, or bank-notes shall face severe punishment. The offence may lead to imprisonment for life or imprisonment for a term of up to ten years, along with a fine.
Key Points:
1. Counterfeiting Definition:
- Counterfeiting refers to the illegal act of producing fake or forged versions of coins, government-issued stamps, currency-notes, or bank-notes.
- It also includes knowingly performing any part of the process of counterfeiting.
- The primary intent behind counterfeiting is usually to deceive or defraud others by passing off these items as genuine.
2. Punishment for Counterfeiting:
- Imprisonment for Life: A person convicted of counterfeiting may face life imprisonment.
- Imprisonment for up to Ten Years: Alternatively, the person may be sentenced to imprisonment for a term that can extend up to ten years.
- Fine: Along with the imprisonment, a fine may also be imposed.
- The severity of the punishment reflects the seriousness of the crime, as counterfeiting undermines the economic system and public trust in currency.
3. Explanation of Terms:
| Term | Definition |
|---|---|
| Bank-note | A promissory note issued by a bank or under the authority of a State or Sovereign Power, intended as a substitute for money and payable to the bearer on demand. |
| Coin | A metallic item used as money, issued by a State or Sovereign Power under the authority of the law, intended for circulation. |
| Counterfeiting Government Stamp | The act of causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination. |
| Counterfeiting Coin | The act of causing a genuine coin to appear like a different coin with the intent to deceive, including altering its weight, composition, or appearance. |
4. Acts of Counterfeiting Include:
- Creating Fake Items: This involves making entirely fake coins, stamps, currency notes, or bank-notes.
- Altering Genuine Items: This includes altering a real item, such as making a lower denomination coin appear as a higher denomination, or changing a government stamp’s denomination.
- Changing Composition or Weight: For coins, this can involve reducing the weight or altering the metal composition to deceive others.
Legal Classification:
| Offence | Counterfeiting coins, government stamps, currency-notes, or bank-notes. |
|---|---|
| Punishment | Imprisonment for life, or imprisonment for up to 10 years, along with a fine. |
| Cognizable or Non-Cognizable | Cognizable |
| Bailable or Non-Bailable | Non-Bailable |
| By What Court Triable | Court of Session |
This section highlights the seriousness of counterfeiting as an offence and aims to maintain the integrity of the nation’s currency and stamps. The stringent punishment ensures that anyone involved in such unlawful acts faces appropriate legal consequences.
