Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 178: Counterfeiting Coin, Government Stamps, Currency-Notes or Bank-Notes
Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any coin, stamp issued by Government for the purpose of revenue, currency-note or bank-note, 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.
Explanation:
(1) The expression bank-note means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money.
(2) Coin shall have the same meaning as assigned to it in section 2 of the Coinage Act, 2011, and includes metal used for the time being as money and is stamped and issued by or under the authority of any State or Sovereign Power intended to be so used.
(3) A person commits the offence of counterfeiting Government stamp who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination.
(4) A person commits the offence of counterfeiting coin who, intending to practice deception, or knowing it to be likely that deception will be practiced, causes a genuine coin to appear like a different coin.
(5) The offence of counterfeiting coin includes diminishing the weight, altering the composition, or altering the appearance of the coin.
Brief Detail
BNS Section 178 covers the offence of counterfeiting coins, government stamps, currency-notes, or bank-notes. It includes both the act of counterfeiting and participating in any part of the counterfeiting process. The penalties range from imprisonment for life to imprisonment for up to ten years, along with a fine. The section also explains various terms, including bank-note, coin, and the specific actions that constitute counterfeiting.
Question & Answers
Q1: What constitutes the offence under BNS Section 178?
A1: The offence is committed when someone counterfeits or knowingly participates in any part of the process of counterfeiting coins, government stamps, currency-notes, or bank-notes.
Q2: What is the punishment for counterfeiting under BNS Section 178?
A2: The punishment includes imprisonment for life or imprisonment for a term up to ten years, along with a fine.
Q3: What does bank-note mean in the context of BNS Section 178?
A3: A bank-note refers to a promissory note or engagement for the payment of money to bearer on demand, issued by a banking entity or under the authority of any State or Sovereign Power, used as a substitute for money.
Q4: What actions constitute counterfeiting a government stamp under BNS Section 178?
A4: Counterfeiting a government stamp involves causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination.
Example
Example Scenario:
If an individual alters a genuine coin to make it appear like a different denomination with the intent to deceive others, they would be committing the offence of counterfeiting under BNS Section 178. The same applies to altering or forging government stamps or currency-notes.
Summary
BNS Section 178 imposes strict penalties for counterfeiting or participating in the process of counterfeiting coins, government stamps, currency-notes, or bank-notes. The law clearly defines the terms and the range of actions that constitute counterfeiting, with punishments extending to life imprisonment and fines.
