BNS Section 188 – Unlawfully taking coining instrument from mint
The Indian Penal Code (IPC) Section – 245
Unlawfully Taking Coining Instrument from Mint
This section addresses the offense of unlawfully removing coining tools or instruments from any government-approved mint in India. A mint is a highly secure facility authorized by the government to produce coins, and taking any equipment from such a facility without authorization is a serious crime.
Offense Description
The offense occurs when someone removes coining tools or instruments from a mint without lawful authority. Coining tools include machines, dies, or any other equipment used in the process of minting coins. These instruments are essential for producing genuine currency, and their unauthorized removal poses a significant risk to the security and integrity of the country’s currency system.
Key Points to Understand
| Aspect | Explanation |
|---|---|
| Applicability | This section applies to anyone who takes coining tools or instruments from a mint without permission. |
| Coining Tools and Instruments | These include machines, dies, and any other equipment used for minting coins, crucial for the production of official currency. |
| Offense | The offense is committed by removing coining tools or instruments without lawful authorization. |
| Intention | The law does not require proof of malicious intent (e.g., intent to counterfeit). The mere act of removal without permission is enough. |
| Security of Mints | The law is designed to ensure the security of mints and prevent the misuse of coining instruments in unlawful activities like counterfeiting. |
Punishment for the Offense
The punishment for unlawfully removing coining instruments from a mint is severe, reflecting the seriousness of the offense:
| Punishment | Details |
|---|---|
| Imprisonment | The offender may be sentenced to up to 7 years of imprisonment, either simple or rigorous. |
| Fine | In addition to imprisonment, the offender may also face a fine, with the exact amount determined based on the case. |
Why Is This a Serious Offense?
The unauthorized removal of coining instruments from a mint undermines the integrity of the currency system. These tools are used to create official, legal tender. If removed unlawfully, they could be used for counterfeiting, leading to a loss of public trust in the currency and causing financial instability. Thus, the law aims to prevent any illegal use of these tools by ensuring they remain secure within the mint.
Legal Classification
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable – Police can arrest the individual without a warrant. |
| Bailable or Non-bailable | Non-bailable – The accused cannot be granted bail automatically. |
| Court | Magistrate of the First Class – The case is triable in a Magistrate court of the first class. |
Conclusion
Unlawfully taking coining instruments from a government mint is a serious crime. The law ensures the security of these tools and protects the currency system from potential misuse, such as counterfeiting. Those found guilty of this offense face up to 7 years in prison and may also be required to pay a fine. This section plays a crucial role in maintaining the integrity and security of India’s coinage system.
