BNS Section 186 – Prohibition of fictitious stamps
The Indian Penal Code (IPC) Section – 263 A
Prohibition of Fictitious Stamps
Section 186 of the law addresses the issue of fictitious stamps, which are stamps that are fraudulently created or falsely presented to look like legitimate Government-issued stamps. Such actions are considered illegal, and this section outlines the consequences and penalties associated with dealing in fictitious stamps.
Offense Description
Fictitious stamps are those that misrepresent themselves as official stamps issued by the Government for postal or revenue purposes. These could be imitation stamps, facsimiles, or any representation of a real government-issued stamp. Section 186 prohibits various actions related to fictitious stamps, including:
- Making a fictitious stamp.
- Using it for postal purposes (e.g., mailing letters using such a stamp).
- Selling or dealing in fictitious stamps.
- Possessing a fictitious stamp without a lawful excuse.
- Possessing tools or materials for making fictitious stamps.
Key Points to Understand
| Aspect | Explanation |
|---|---|
| Offense | Creating, selling, using, or possessing fictitious stamps or materials used to make them. |
| Fictitious Stamp | A stamp that falsely claims to be issued by the Government for postal or revenue purposes, or any imitation or representation of it. |
| Possession without Lawful Excuse | Simply possessing a fictitious stamp without a valid reason can lead to legal consequences. |
| Possession of Tools or Materials | It is also illegal to possess dies, plates, or materials used to make fictitious stamps. |
| Government Definition | In this context, the word “Government” includes not only the Indian Government but also any foreign government or authorized postal authority. |
Punishment for the Offense
The law prescribes the following punishment for those found guilty of dealing with fictitious stamps:
| Punishment | Details |
|---|---|
| Fine | A fine of up to 200 rupees may be imposed. |
Seizure and Forfeiture
| Aspect | Explanation |
|---|---|
| Seizure | Any fictitious stamps, tools, dies, or materials used to create them may be seized by authorities. |
| Forfeiture | Seized items, including fictitious stamps and tools, will be forfeited to the Government (taken away permanently). |
Why Is This a Serious Offense?
The creation, sale, or use of fictitious stamps undermines the integrity of the postal and revenue system. It is a fraudulent attempt to bypass the legitimate process of paying for postage or taxes. The Government relies on these stamps for regulating postal services and collecting revenue. Creating or circulating fake stamps is a direct attempt to deceive the system, resulting in financial loss and potential security risks.
Legal Classification
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable – Police can arrest the individual without a warrant. |
| Bailable or Non-bailable | Bailable – The accused can be granted bail. |
| Court | Any Magistrate – The case is triable in any Magistrate court. |
Conclusion
The creation, sale, and use of fictitious stamps are criminal offenses under Section 186. Whether it involves making a fake stamp, using it for postal services, or possessing tools to create them, these actions are prohibited. The punishment includes a fine of up to 200 rupees. The law aims to protect the postal and revenue systems from fraud and ensure that official stamps issued by the Government are not misused.
