Sections 230 to 263A


THE INDIAN PENAL CODE, 1860


CONTENTS


CHAPTER XII


OF OFFENCES RELATING TO COIN AND


GOVERNMENT STAMPS


230. “Coin”
defined


Indian coin


231. Counterfeiting
coin


232. Counterfeiting
Indian coin


233. Making
or selling instrument for counterfeiting coin


234. Making
or selling instrument for counterfeiting Indian coin


235. Possession
of instrument or material for the purpose of using the same for counterfeiting
coin.


If Indian coin


236. Abetting
in India the counterfeiting out of India of coin


237. Import
or export of counterfeit coin


238. Import
or export of counterfeits of the Indian coin


239. Delivery
of coin, possessed with knowledge that it is counterfeit


240. Delivery
of Indian coin, possessed with knowledge that it is counterfeit


241. Delivery
of coin as genuine, which, when first possessed, the deliverer did not know to
be counterfeit


242. Possession
of counterfeit coin by person who knew it to be counterfeit when he became
possessed thereof


243. Possession
of Indian coin by person who knew it to be counterfeit when he became possessed
thereof


244. Person
employed in mint causing coin to be of different weight or composition from
that fixed by law


245. Unlawfully
taking coining instrument from mint


246. Fraudulently
or dishonestly diminishing weight or altering composition of coin


247. Fraudulently
or dishonestly diminishing weight or altering composition of Indian coin


248. Altering
appearance of coin with intent that it shall pass as coin of different
description


249. Altering
appearance of Indian coin with intent that it shall pass as coin of different
description


250. Delivery
of coin, possessed with knowledge that it is altered


251. Delivery
of Indian coin, possessed with knowledge that it is altered


252. Possession
of coin by person who knew it to be altered when he became possessed thereof


253. Possession
of Indian coin by person who knew it to be altered when he became possessed
thereof


254. Delivery
of coin as genuine, which, when first possessed, the deliverer did not know to
be altered


255. Counterfeiting
Government stamp


256. Having possession
of instrument or material for counterfeiting Government stamp


257. Making
or selling instrument for counterfeiting Government stamp


258. Sale of
counterfeit Government stamp


259. Having
possession of counterfeit Government stamp


260. Using
Government stamp known to have been before used


261. Effacing
writing from substance bearing Government stamp, or removing from document a
stamp used for it, with intent to cause loss to Government


262. Using
Government stamp known to have been before used


263. Erasure of
mark denoting that stamp has been used


263A. Prohibition
of fictitious stamp


CHAPTER XII


OF OFFENCEES
RELATING TO COIN


AND GOVERNMENT
STAMPS


230. “Coin”
defined: -
1[Coin is metal used for the time being as money, and stamped and issued
by the authority of some State or sovereign Power in order to be so used.]


Indian coin: - 2[Indian coin is metal
stamped and issued by the authority of the Government of Indian in order to be
used as money; and metal which has been so stamped and issued shall continue to
be Indian coin for the purposes of this Chapter, notwithstanding that it may
have ceased to be used as money.]


Illustration


(a) Cowries are not coin.


(b) Lumps of unstamped
copper, though used as money, are not coin.


(c) Medals are not coin, in as much as they
are not intended to be used as money.


(d) The coin denominated as the Company’s
rupee is 3[Indian coin].


4[(e) The “Farukhabad rupee”
which was formerly used as money under the authority of the Government of India
is 3[Indian coin] although it
is no longer so used].


1. Subs. by Act 19 of
1872, sec.1, for the original first paragraph.


2. Subs. by A.O.1950,
for the former paragraph.


3. Subs. by A.O.1950,
for “the Queen’s Coin”.


4. Ins. by Act 6 of 1896, sec.1.


231. Counterfeiting
coin: -
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.


Explanation: - A person
commits this offence who intending to practice deception, or knowing it to be
likely that deception will thereby be practiced, causes a genuine coin to
appear like a different coin.


232. Counterfeiting
Indian coin:-
Whoever
counterfeits, or knowingly performs any part of the process of counterfeiting 1[Indian coin], shall be punished with 2[imprisonment for life], or with
imprisonment of either description for a term which may extent to ten years,
and shall also be liable to fine.


1. Subs. by the A.O. 1950, for “the Queen’s coin”.


2. Subs. by Act 26 of
1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1.1.1956).


233. Making
or selling instrument for counterfeiting coin: -
Whoever makes or mends, or performs
any part of the process of making or mending, or buys, sells or disposes of,
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 with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine.


234. Making
or selling instrument for counterfeiting Indian coin: -
Whoever makes or mends, or
performs any part of the process of making or mending, or buys, sells or
disposes of , 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 1[Indian 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.


1. Subs. by the
A.O.1950, for “the Queen’s Coin”.


235. Possession
of instrument, or material for the purpose of using the same for counterfeiting
coin:-
Whoever is in possession of any instrument
or material, for the purpose of using the same for counterfeiting coin, or
knowing or having reason to believe that the same is intended to be used for
that purpose, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine.


If Indian coin: - and if the coin to be
counterfeited is 1[Indian
coin], shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.


1. Subs. by the
A.O.1950, for “the Queen’s Coin”.


236. Abetting
in India the counterfeiting out of India of coin:-
Whoever, being within 1[India],
abets the counterfeiting of coin out of 1[India],
shall be punished in the same manner as if he abetted the counterfeiting of
such coin within 1[India].


1. The words “British India” have successively been subs. by the
A.O. 1948, the A.O. 1950 and Act 3 of
1951, sec. 3 and Sch. to read as above.


237. Import
or export of counterfeit coin:-
Whoever imports into 1[India],or exports there from, any counterfeit coin,
knowing or having reason to believe that the same is counterfeit, shall be
punished with imprisonment of either description for a term which may extend to
three years and shall also be liable to fine.


1. The words “British India” have successively been subs. by the
A.O. 1948, the A.O. 1950 and Act 3 of
1951, sec. 3 and Sch. to read as above.


238. Import
or export of counterfeits of the India coin:-
Whoever imports into 1[India],
or exports there from any counterfeit coin, which he knows or has reason to
believe to be a counterfeit of 2[India
coin], shall be punished with imprisonment with 3[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.


1. The words “British
India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to
read as above.


2. Subs. by the
A.O.1950, for “Queen’s Coin”.


3. Subs. by Act 26 of 1955, sec.117 and sch., for “transportation
for life” (w.e.f. 1-1-1956).


239. Delivery
of coin, possessed with knowledge that it is counterfeit: -
Whoever, having any
counterfeit coin, which at the time when he became possessed of it knew to be
counterfeit, fraudulently or with intent that fraud may be committed, delivers
the same to any person, or attempts to induce any person to receive it shall be
punished with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.


240. Delivery
of Indian coin, possessed with knowledge that it is counterfeit:-
Whoever, having any
counterfeit coin which is a counterfeit of 1[Indian
coin], and which, at the time when he
became possessed of it, he knew to be a counterfeit of 2[Indian coin], fraudulently or with intent
that fraudulently or with intent that fraud may be committed, delivers the same
to any person, or attempts to induce any person to receive it shall be punished
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.


1. The words “British
India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3
of 1951, sec. 3 and Sch. to read as above.


2. Subs. by the A.O.
1950, for “Queen’s coin”.


241. Delivery
of coin as genuine, which, when first possessed, the deliverer did not know to
be counterfeit:-
Whoever delivers to any other person as genuine, or attempts to induce
any other person to receive as genuine, any counterfeit coin which he knows to
be counterfeit, but which he did not know to be counterfeit at the time when he
took it into his possession, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine to an amount
which may extend to ten times the value of the coin counterfeited, or with
both.


Illustration


A, a coiner, delivers
counterfeit Company’s rupees to his accomplice B, for the purpose of uttering
them. B sells the rupees to C, another utterer, who buys them knowing them to
be counterfeit. C pays away the rupees for good to D, who receives them, not
knowing them to be counterfeit. D, after receiving the rupees, discovers that
they are counterfeit and pays them away as if they were good. Here D is
punishable only under his section, but B and C are punishable under section 239
or 240, as the case may be.


242. Possession
of counterfeit coin by person who knew it to be counterfeit when he became
possess thereof: -
Whoever, fraudulently or with intent that fraud may be committed, is in
possession of counterfeit coin, having known at the time when he became
possessed thereof that such coin was counterfeit, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.


243. Possession
of Indian coin by person who knew it to be counterfeit when he became possessed
thereof:
Whoever,
fraudulently or with intent that fraud may be committed, is in possession of
counterfeit coin, which is a counterfeit of 1[Indian
coin], having known at the time when he became possessed of it that it was
counterfeit, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.


1. Subs. by the A.O.
1950, for “the Queen’s coin”.


244. Person
employed in mint causing coin to be of different weight or composition from
that fixed by law:-
Whoever, being employed in any mint lawfully established in 1[India], does any act, or omits what he is
legally bound to do, with the intention of causing any coin issued from that
mint to be of a different weight or
composition from the weight or composition fixed by law, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.


1. The words “British
India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of
1951, sec.3 and sch., to read as above.


245. Unlawfully
taking coining instrument from mint
: - Whoever, without lawful
authority, takes out of any mint, lawfully established in 1[India], any coining tool or instrument,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.


1. The words “British
India” have successively been subs. by the A.O.1948, the A.O.1950 and Act 3 of
1951, sec.3 and sch., to read as above.


246. Fraudulently
or dishonestly diminishing weight or altering composition of coin: -
Whoever fraudulently or
dishonestly performs on any coin any operation which diminishes the weight or
alters the composition of that coin, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also
be liable to fine.


Explanation:- A person who
scoops out part of the coin and puts anything else into the cavity alters the
composition of that coin.


247. Fraudulently
or dishonestly diminishing weight or altering composition of Indian coin: -
Whoever fraudulently or
dishonestly performs on 1[any
Indian coin] any operation which diminishes the weight or alters the
composition of that 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.


1. Subs. by the A.O.1950
for “any of the Queen’s Coin”.


248. Altering
appearance of coin with intent that it shall pass as coin of different
description: -
Whoever performs on any coin any operation which alters the appearance
of that coin, with the intention that the said coin shall pass as a coin of a
different description, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine.


249. Altering
appearance of India coin with intent that it shall pass as coin of different
description: -
whoever performs on 1[any
Indian coin] any operation which alters the appearance of that coin, with the
intention that the said coin shall pass as a coin of a different description,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.


1. Subs. by the A.
O.1950, for “any of the Queen’s Coin”.


250. Delivery
of coin, possessed with knowledge that it is altered:-
whoever, having coin in his
possession with respect to which the offence defined in section 246 or 248 has
been committed, and having known at the time when he became possessed of such
coin that such offence had been committed with respect to it, fraudulently or
with intent that fraud may be committed, delivers such coin to any other
person, or attempts to induce any other person to receive the same, shall be
punished with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.


251. Delivery
of Indian coin, possessed with knowledge that it is altered:-
Whoever, having coin in his possession with respect
to which the offence defined in section 247 or 249 has been committed, and
having known at the time when he became possessed of such coin that such
offence had been committed, delivers such coin to any other person, or attempts
to induce any other person to receive the same, shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.


252. Possession
of coin by person who knew it to be altered when he became possessed thereof: -
Whoever, fraudulently
or with intent that fraud may be committed, is in possession of coin with
respect to which the offence defined in either of the section 246 or 248 has
been committed, having known at the time of becoming possessed thereof that such offence had been committed
with respect to such coin, shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable
to fine.


253. Possession
of Indian coin by person who knew it to be altered when he became possessed
thereof: -
Whoever,
fraudulently or with intent that fraud may be committed, is in possession of
coin with respect to which the offence defined in either of the section 247 or
249 has been committed, having known at the time of becoming possessed thereof,
that such offence had been committed with respect to such coin, shall be
punished with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.


254. Delivery
of coin as genuine, which, when first possess, the deliverer did not know to be
altered: -
Whoever
delivers to any other person as genuine or as a coin of a different description
from what it is, or attempts to induce any person to receive as genuine, or as
a different coin from what it is, any coin in respect of which he knows that
any such operation as that mentioned in section 246, 247, 248 or 249 has been
performed, but in respect of which he did not, at the time when he took it into
his possession, know that such operation had been performed, shall be punished
with imprisonment of either description for a term which may extend to two
years, or with fine to an amount which
may extend to ten times the value of the coin for which the altered coin is
passed, or attempted to be passed.


255. Counterfeiting
Government stamp: -
Whoever counterfeits, or knowingly performs any part of the process of
counterfeiting, any stamp issued by Government for the purpose of revenue,
shall be punished with 1[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: - A person
commits this offence who counterfeits by causing a genuine stamp of one
denomination to appear like a genuine stamp of a different denomination.


1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation
for life” (w.e.f. 1.1.1956).


256. Having
possession of instrument or material for counterfeiting Government stamp: -
Whoever has in his
possession any instrument or material 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 any stamp issued by Government for the purpose of revenue, shall
be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine.


257. Making
or selling instrument for counterfeiting Government stamp: -
Whoever makes or performs
any part of the process of making, or buys, or sells, or dispose of, any
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 any
stamp issued by Government for the purpose of revenue, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.


258. Sale
of counterfeit Government stamp: -
Whoever, sells, or offers for sale, any stamp which
he knows or has reason to believe to be a counterfeit of any stamp issued by
the Government for the purpose of revenue, shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall
also be liable to fine.


259. Having
possession of counterfeit Government stamp: -
Whoever has in his possession any stamp
which he knows to be a counterfeit of any stamp issued by Government for the
purpose of revenue, intending to use, or dispose of the same as a genuine
stamp, or in order that it may be used as a genuine 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.


260. Using
as genuine a Government stamp known to be a counterfeit: -
Whoever uses a s genuine any stamp, knowing it to be counterfeit
of any stamp issued by Government for the purpose of revenue, shall be punished
with imprisonment of either description for a term which may extend to seven
years, or with fine, or with both.


261. Effacing,
writing from substance bearing Government stamp, or removing from document a
stamp used for it, with intent to cause loss to Government: -
Whoever, fraudulently or
with intent to cause loss to the Government, removes of effaces from any substance, bearing any stamp issued by
Government for the purpose of revenue, any writing or document for which such
stamp has been used, or removes from any writing or document a stamp which has
been used for such writing or document, in order that such stamp may be used
for a different writing or document, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine, or
with both.


262. Using
Government stamp known to have been before used:
- Whoever, fraudulently or with
intent to cause loss to the Government, uses for any purpose a stamp issued by
Government for the purpose of revenue, which he knows to have been before used,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.


263. Erasure
of mark denoting that stamp has been used:
- Whoever, fraudulently or with intent to
cause loss to Government, erase or removes from a stamp issued by the
Government for the purpose of revenue, any mark, put or impressed upon such
stamp for the purpose of denoting that the same has been used, or knowingly has
in his possession or sells or disposes of any such stamp from which such mark
has been erased or removed, or sell or disposes of any such stamp which he
knows to have been used, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both.


1[263A. Prohibition of fictitious stamps: -


(1)
Whoever
-


(a) Makes, knowingly utters, deals in or sells
any fictitious stamps, or knowingly uses for any postal purpose any fictitious
stamp, or


(b) Has in his possession, without lawful
excuse, any fictitious stamp, or


(c)
Makes or, without lawful excuse, has
in his possession any die, plate, instrument or materials for making any
fictitious stamp,


Shall be punished with fine
which may extend to two hundred rupees.


(2) Any such stamps, die, plate, instrument or
materials in the possession of any person for making any fictitious stamp 2[may be seized and, if seized] shall be
forfeited.


(3) In this section “fictitious stamp” means
any stamp falsely purporting to be issued by the Government for the purpose
of denoting a rate of postage, or any facsimile
or imitation or representation, whether on paper or otherwise, of any stamp
issued by Government for that purpose.


(4) In this section and also in sections 255 to
263, both inclusive, the word, “Government”, when used in connection with, or
in reference to, any stamp issued for the purpose of denoting a rate of
postage, shall, notwithstanding anything in section 17, be deemed to include
the person or persons authorized by law to administer executive government in
any part of India, and also in any part of Her Majesty’s dominions or in any
foreign country.]


1. Ins. by Act 3 of 1895, sec. 2.


2.
Subs. by Act 42 of 1953, sec.4 and
sch. III, for “may be seized and”.

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