BNS Section 179 – Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank notes
The Indian Penal Code (IPC) Section – 250, 251,258, 260,489B
Using as Genuine, Forged or Counterfeit Coin, Government Stamp, Currency-Notes, or Bank-Notes
Legal Provision:
Under the applicable laws, anyone who knowingly sells, delivers, buys, receives, traffics in, or uses any forged or counterfeit coin, stamp issued by the Government, currency-note, or bank-note as if it were genuine, shall face severe punishment. This applies when the person knows or has reason to believe that the item in question is forged or counterfeit.
Key Points:
1. Offense of Using Forged or Counterfeit Items:
- This provision addresses individuals who, despite knowing or having reason to believe that an item is forged or counterfeit, engage in one of the following actions:
- Sell or deliver the forged or counterfeit item.
- Buy or receive the forged or counterfeit item.
- Traffic in the forged or counterfeit item.
- Use the forged or counterfeit item as if it were genuine.
2. Punishment:
- The punishment for committing this offense includes:
- Imprisonment for life.
- Imprisonment for up to ten years (either rigorous or simple).
- A fine may also be imposed on the offender.
3. Key Definitions:
| Term | Definition |
|---|---|
| Forged | Refers to items that have been fraudulently made or altered with the intent to deceive, particularly financial or official items like coins, stamps, or banknotes. |
| Counterfeit | Items that are falsely made to appear genuine, often resembling authentic coins, stamps, or notes issued by the authorities. |
| Trafficking | The act of selling, trading, or distributing illegal goods, in this case, counterfeit or forged currency or stamps. |
4. Knowledge and Intention:
To be punished under this section, the person must either:
- Know that the items are counterfeit or forged.
- Have reason to believe that the items are not genuine, meaning there are signs or circumstances that should have alerted them to the possibility of forgery.
5. Importance of the Law:
- Economic Stability and Trust: This law is crucial to maintaining trust in the financial system, ensuring that counterfeit money and government-issued documents do not undermine the economy.
- Deterrence: The severe penalties imposed serve as a deterrent to anyone considering using or trafficking counterfeit currency or stamps.
- Protection of Financial Systems: By targeting those who use or distribute counterfeit items, the law protects both individuals and institutions from the financial harm caused by forged currency or stamps.
Legal Classification:
| Offence | Using as genuine forged or counterfeit coin, government stamp, 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 law serves as a robust mechanism to combat the circulation and use of counterfeit financial instruments, aiming to protect the integrity of national revenue and currency systems while deterring fraudulent activities.
