Counterfeiting Coin (Section 275 BNS)

Offences relating to coinage and government stamps are crimes that involve interfering with the official currency (coins) and official marks of authenticity (stamps) issued by the government. These offences are taken seriously as they undermine the government's authority and the financial system.

Chapter XVI of the Bharatiya Nyaya Sanhita (BNS) deals with Offences relating to Coinage and Government Stamps (Sections 275 to 291), similar to Chapter XII of the IPC.

Coinage:

Coin is defined in Section 2(7) of the BNS (similar to Section 230 of the IPC) as 'metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power'. Indian Coin is defined as 'metal stamped and issued by the authority of the Government of India'.

Counterfeiting Coin:

Counterfeiting coin means making a coin that is intended to pass as genuine coin. It is a crime that impacts the economy directly.

Provision:

Section 275 of the BNS defines Counterfeiting Coin (similar to Section 231 of the IPC): "Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

Section 276 of the BNS defines Counterfeiting Indian Coin (similar to Section 232 of the IPC), which carries a more severe punishment: "Whoever counterfeits, or knowingly performs any part of the process of counterfeiting Indian coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Ingredients:

• Counterfeiting: Making a coin that resembles genuine coin.

• Or knowingly performs any part of the process: Participating in any stage of creating counterfeit coin with knowledge of its purpose.

• Coin / Indian Coin: The object being counterfeited must be a coin or Indian coin as defined.

The offence is complete upon the act of counterfeiting itself, regardless of whether the fake coin is circulated or used. Counterfeiting Indian Coin is treated more seriously than counterfeiting foreign coin.

Making or possessing instrument for counterfeiting coin

Possessing or creating tools used for counterfeiting coinage is also criminalized, targeting preparatory acts to prevent the offence.

Provision:

Section 277 of the BNS defines Making or possessing instrument or material for counterfeiting coin (similar to Section 233 of the IPC): "Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or dispenses, or receives or retains, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished..."

Section 278 of the BNS defines Making or possessing instrument or material for counterfeiting Indian coin (similar to Section 234 of the IPC), with a more severe punishment.

Ingredients:

• Act: Making, mending, buying, selling, dispensing, receiving, or retaining any die or instrument.

• Purpose/Knowledge: The act must be done for the purpose of counterfeiting coin (Section 277) or Indian coin (Section 278), OR with the knowledge or reason to believe that the item is intended for counterfeiting.

Example: Possessing moulds, dyes, or specific metals intended for making fake coins. Selling such instruments knowing they will be used for counterfeiting.

These sections penalize involvement in the supply or preparation chain for counterfeiting activities, making these acts punishable even before the actual fake coins are produced.

Delivery of coin possessed knowing it to be counterfeit

Dealing with counterfeit coin by delivering or possessing it with fraudulent intent is also a criminal offence, addressing the circulation of fake currency.

Provision:

Section 279 of the BNS defines Delivery of coin possessed with knowledge that it is counterfeit (similar to Section 239 of the IPC): "Whoever, without lawful authority or excuse, is in possession of any counterfeit coin, having known at the time when he became possessed of it that it was counterfeit, and intending that any person shall be defrauded by means of such coin, shall be punished..."

Section 280 of the BNS defines Delivery of Indian coin possessed with knowledge that it is counterfeit (similar to Section 240 of the IPC), with a more severe punishment.

Ingredients (Section 279):

• Possession of counterfeit coin: Holding fake coin without lawful excuse.

• Knowledge at the time of possession: Knowing the coin was counterfeit when it was received or came into possession.

• Intent to defraud: Intending that someone will be cheated using the fake coin.

Section 281 of the BNS defines Delivery to another of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit, but which he subsequently ascertained to be counterfeit (similar to Section 241 of the IPC). This section covers cases where the person did not know the coin was fake initially but discovered it later and then tried to pass it off as genuine.

These provisions criminalize the possession and circulation of counterfeit coin with the intent to defraud, protecting the public from financial loss due to fake currency.

The BNS includes several other offences related to coinage, such as using coin as genuine which is known to be counterfeit (Section 282), altering appearance of coin with intent to defraud (Section 283), and possession of coin by deception (Section 284), providing a comprehensive legal framework against counterfeiting and dealing in fake coins.

Counterfeiting Government Stamp (Section 285 BNS)

Government stamps are used as a form of revenue collection or as marks of authenticity on documents. Counterfeiting or improperly using government stamps undermines public finance and authority.

Government Stamp:

Government Stamp likely refers to stamps used for purposes like postage, revenue, judicial fees, etc., issued by the authority of the government.

Counterfeiting Government Stamp:

This involves making a false imitation of a genuine government stamp with the intent to deceive or cause loss.

Provision:

Section 285 of the BNS defines Counterfeiting Government stamp (similar to Section 255 of the IPC): "Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any Government stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the stamp so counterfeited is one intended for the purpose of denoting the payment to Government of any fee or duty, with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Ingredients:

• Counterfeiting: Creating a false imitation of a genuine government stamp.

• Or knowingly performs any part of the process: Participating in any stage of creating counterfeit stamps with knowledge.

• Government stamp: The object being counterfeited must be a genuine government stamp.

Counterfeiting stamps intended for denoting payment of fees or duties carries a higher penalty, reflecting the direct impact on government revenue.

Using as genuine a Government Stamp known to be counterfeit

Using counterfeit government stamps as if they were genuine is also a crime.

Provision:

Section 286 of the BNS defines Using as genuine a Government stamp known to be counterfeit (similar to Section 259 of the IPC): "Whoever has in his possession any counterfeit of any Government stamp, knowing such stamp to be counterfeit, and intending to use, or that it may be used, as genuine, shall be punished..."

Section 287 of the BNS defines Using as genuine a Government stamp known to be counterfeit (similar to Section 260 of the IPC): "Whoever fraudulently or dishonestly uses as genuine any Government stamp which he knows to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."

Ingredients (Section 287):

• Fraudulently or dishonestly uses as genuine: Using the counterfeit stamp as if it were real, with fraudulent or dishonest intent.

• Government stamp: The stamp must be a government stamp.

• Knowledge: Knowing the stamp to be counterfeit.

Section 286 covers possession with intent to use, while Section 287 covers the actual fraudulent or dishonest use. Both penalize attempts to deceive others and the government using fake stamps.

Making or possessing instruments for counterfeiting Government Stamps

Creating or possessing tools for counterfeiting government stamps is criminalized, targeting preparatory acts.

Provision:

Section 288 of the BNS defines Making or possessing instrument for counterfeiting Government stamp (similar to Section 256 of the IPC): "Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a Government stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

Ingredients:

• Act: Making or possessing any die, plate, or instrument.

• Purpose: The purpose must be counterfeiting a government stamp.

Example: Possessing moulds or plates used for printing fake postal stamps or revenue stamps. Manufacturing machines specifically designed for counterfeiting stamps.

Similar to counterfeiting coinage, this offence targets the means of producing fake stamps, aiming to prevent the crime at an early stage.

Other related offences in BNS include engraving plate for counterfeiting stamp (Section 289), using a Government stamp which has been before used (Section 290), and erasure of mark denoting that stamp has been used (Section 291), all aimed at preventing misuse and fraud related to government stamps. These provisions collectively protect the integrity of official government stamps and revenue.