Counterfeiting Currency Notes and Bank Notes
Counterfeiting Government Currency Note or Bank Note (Section 225 BNS)
Offences relating to counterfeiting currency notes and bank notes are serious crimes that undermine the financial stability and integrity of a nation. The Bharatiya Nyaya Sanhita (BNS) provides specific provisions to criminalize these acts, which are found in Chapter XII of the BNS (similar to Chapter XVIII of the IPC, which dealt with offences relating to documents and property marks, including currency notes).
Counterfeiting:
Counterfeiting involves making a false imitation of something, intended to deceive others into believing it is genuine. In this context, it refers to creating fake currency notes or bank notes.
Provision:
Section 225 of the BNS defines Counterfeiting Government Currency Note or Bank Note (similar to Section 489A of the IPC):
Explanation: For the purposes of this section and sections 226, 227, and 228, the expression "Government currency note" or "bank note" means any promissory note or engagement for the payment of money issued by the Central Government or by or under the authority of any other Government, or by any chartered bank.
Ingredients:
Counterfeiting: Creating a false imitation of a currency note or bank note that is intended to be used as genuine.Or knowingly performs any part of the process: Participating in any step involved in the counterfeiting process with knowledge that it is for this purpose.Government currency note or bank note: The counterfeited object must be a genuine Government currency note or bank note as defined.
The offence of counterfeiting itself is complete when the imitation is made, regardless of whether it is used or circulated. The BNS prescribes very severe punishment for this offence, reflecting its gravity.
Possession of Counterfeit Currency Note or Bank Note
Possessing counterfeit currency or bank notes is also an offence, particularly if done with knowledge and intent to use them as genuine.
Provision:
Section 226 of the BNS defines Having in possession of counterfeit Government currency note or bank note (similar to Section 489B of the IPC):
Section 227 of the BNS defines Having in possession of counterfeit Government currency note or bank note (similar to Section 489C of the IPC):
Ingredients:
Possession: The accused must have physical control or custody of the counterfeit notes.Knowledge or reason to believe: The accused must know or have reason to believe that the notes are counterfeit.Intent: The possession must be with the intention to use the notes as genuine or to allow them to be used as genuine (Section 227), or the accused must sell, buy, receive, traffic in, or use them as genuine (Section 226).
Section 226 covers dealing with counterfeit notes (selling, buying, using as genuine), while Section 227 covers mere possession with the intent to use as genuine. The penalties reflect the different degrees of involvement in the circulation of counterfeit currency.
Making or possessing instruments for counterfeiting currency note or bank note
Creating or possessing tools or materials specifically used for counterfeiting currency or bank notes is also criminalized to target the preparatory stages of the offence.
Provision:
Section 228 of the BNS defines Making or possessing instruments or materials for counterfeiting Government currency note or bank note (similar to Section 489D of the IPC):
Ingredients:
Act: Making, performing part of making, buying, selling, dispensing, receiving, or retaining any machinery, instrument, or material.Purpose/Knowledge: The act must be done for the purpose of counterfeiting OR with the knowledge or reason to believe that the item is intended for counterfeiting currency/bank notes.
Example: Possessing printing plates, special paper, or inks specifically intended for printing fake currency notes. Manufacturing machines designed for counterfeiting.
This offence targets the individuals who provide the means for counterfeiting, even if they are not directly involved in the final production or circulation of the fake notes. The severity of the punishment reflects the threat these activities pose to the financial system.
These provisions collectively aim to prevent counterfeiting of currency notes and bank notes, protecting the integrity of the national currency.
Offences relating to Weights and Measures
Using False Weights or Measures (Section 350 BNS)
Offences relating to weights and measures involve using inaccurate or fraudulent measuring instruments to deceive others in commercial transactions. These offences are included in Chapter XIX of the BNS (similar to Chapter XIII of the IPC, which dealt with Offences relating to Weights and Measures).
Provision:
Section 350 of the BNS defines Using false weights and measures (similar to Section 264 of the IPC):
Ingredients:
Fraudulently uses: The use must be done with the intention to deceive or defraud.False weight or measure or instrument: Using a weight, measure (for length or capacity), or weighing instrument that is inaccurate or false.False calculation: Using a calculation that is known to be false in a commercial context.Knowledge: The accused must know that the weight, measure, instrument, or calculation is false.
Example: A shopkeeper using weights that are less than the standard measure to sell goods, thereby cheating customers. Using a faulty weighing scale knowingly to give less quantity of goods than paid for.
This offence protects consumers and fair trade practices by criminalizing the fraudulent use of inaccurate measuring tools.
False Representation as to Weight or Measure
Deceiving others about the actual weight or measure of goods is also a criminal offence.
Provision:
Section 351 of the BNS defines Fraudulent use of false weight or measure (similar to Section 265 of the IPC):
A separate provision might deal with explicitly making a false representation about weight or measure during a sale, but Section 351 covers possessing the means for such fraudulent activity.
Another relevant section is Section 352 BNS (similar to Section 266 IPC) which defines Being in possession of false weights or measures.
Explanation:
Section 351 penalizes possessing false weights, measures, or weighing instruments under circumstances that indicate a fraudulent intent. The mere possession, coupled with circumstances creating a reasonable presumption of fraudulent use and the intention/knowledge, constitutes the offence.
Example: A person found with concealed inaccurate weights in their shop, or with measuring tapes that are known to be short, under circumstances suggesting they intend to use them to cheat customers. This is punishable even before the actual use occurs.
This provision aims to deter the preparation for fraudulent practices involving weights and measures.
Making or Selling False Weights or Measures
The BNS also targets the individuals who create or distribute these false weights and measures.
Provision:
Section 352 of the BNS defines Making or selling false weights or measures (similar to Section 266 of the IPC):
Ingredients:
Act: Making, selling, or disposing of weights, measures, or weighing instruments.Knowledge: Knowing that they are false (inaccurate).Intent/Knowledge of Likelihood of Use: Doing so in order that they may be used as true, or knowing that they are likely to be used as true (fraudulently).
Example: A manufacturer producing inaccurate weights and selling them to shopkeepers, knowing they will be used for fraudulent purposes. A person selling intentionally shortened measuring tapes, knowing they are likely to be used to cheat buyers.
This offence targets the source of false weights and measures, criminalizing their production and distribution to prevent their fraudulent use in the market. The BNS provides punishment for this offence under Section 352(2) (similar to Section 267 IPC).
These provisions collectively provide a legal framework to prevent and punish fraudulent practices related to weights and measures, protecting fair trade and consumer interests.