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Report No. 42

Chapter XII

Offences Relating to Currency Notes, Coins and Stamps

102. Substitution of new Chapter in place of existing Chapter XII.-

For Chapter XII of the Code, the following Chapter shall be substituted, namely.-

"232.-Counterfeiting currency notes.-Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency notes shall be punished with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

Explanation.- The expression 'currency notes' means

(i) any currency notes of the Government of India;

(ii) any bank notes issued by the Reserve Bank of India; and

(iii) any notes (by whatever name called) issued by or on behalf of the Government of any country outside India which are legal tender in that country.

233. Using as genuine counterfeit currency-notes.- Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any counterfeit currency-notes, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

234. Possession of forged or counterfeit currency-notes. - Whoever has in his possession any counterfeit currency-note, knowing or having reason to believe the same to be counterfeit, and intending to use the same as genuine, or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

235. Making or possessing instruments or materials for counterfeiting currency-notes. - Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for counterfeiting any currency-note, shall be punished with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

236. Making or using documents resembling currency-notes.- (1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note shall be punished with fine which may extend to two hundred rupees.

(2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to five hundred rupees.

(3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made.

237. "Coin" defined.- "Coin" is metal used for the time being as money, and stamped and issued by the authority of the Government of India, or of the Government of a country outside India in order to be so used.

Explanation.- Metal which has been stamped and issued by the authority of the Government of India in order to be used as money shall continue to be coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.

238. Counterfeiting coins.- Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any 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.

239. Using as genuine counterfeit coin.- Whoever sells to or buys or receives from any other person, or otherwise traffics in or uses as genuine any counterfeit coin, knowing or having reason to believe the same to be 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.

240. Possession of counterfeit coin.- Whoever has in his possession any counterfeit coin, knowing or having reason to believe the same to be counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

241. Making or possessing instrument or materials for counterfeiting coin.- Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for counterfeiting any 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.

242. Import or export of counterfeit coins.- Whoever imports into India or exports therefrom any counterfeit coin, knowing or having reason to believe that the same is a counterfeit 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.

243. 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 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 compoF:lion 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.

244. Unlawfully taking coining instrument from mint.- Whoever, without lawful authority, takes out of any mint lawfully established in 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.

245. Dishonest use of slugs in vending machines.- Whoever dishonestly inserts or uses in a machine which sells goods or services or collects fares or tolls, anything that is intended to pass for, but is not, the coin or the token of value that the machine is designed to receive in exchange for the goods, services, fare or toll, as the case may be, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

246. Counterfeiting revenue stamp.- Whoever counterfeits or knowingly performs any part of the process of counterfeiting, any revenue stamp, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation.-The expression 'revenue stamp' means a stamp issued by Government for the purpose of revenue.

247. Making or possession or sale of instruments or materials for counterfeiting revenue stamp.- Whoever makes or performs any part of the process of making or, buys or sells, disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used for counterfeiting any revenue 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.

248. Sale, use and possession of revenue stamp.- Whoever

(a) sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit revenue stamp, or

(b) has in his possession any stamp which he knows to be a counterfeit revenue stamp, intending to use or dispose of the same as a genuine stamp, or

(c) uses as genuine any stamp, knowing it to be a counterfeit revenue stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

249. Effacing writing, or removing revenue stamp used for it, Zig! intent to cause loss to Government.- Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance bearing a revenue stamp, any writing or document for which such stamp has been used, or removes from any writing or document a revenue 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.

250. Using revenue stamp known to have been before used.- Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a revenue stamp 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.

251. Erasure of mark denoting that stamp has been used.- Whoever

(a) fraudulently or with intent to cause loss to Government, erases or removes from a revenue stamp, any mark, put or impressed upon it for the purpose of denoting that the same has been used, or

(b) knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or

(c) sells 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.

252. Application of preceding sections to foreign postage stamps.- The provisions of sections 246 to 251, both inclusive, apply in relation to postage stamps issued by the Government of a foreign country as they apply in relation .to revenue stamps.

253. (1) Prohibition of fictitious postage stamps.- Whoever

(a) makes, knowingly, utters, deals in or sells any fictitious postage stamp, or knowingly uses for any postal purpose any such stamp,

(b) has in his possession, without lawful excuse, any such stamp, or

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or material for making any such stamp, shall be punished with fine which may extend to two hundred rupees.

(2) Any such stamp, die, plate, instrument or materials in the po;session of any person for making any fictitious postage stamp may be seized and, if seized, shall be forfeited.

(3) In this section, 'fictitious postage stamp' means any stamp falsely purporting to be issued by the Government of India or of a foreign country 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 such Government for that purpose."



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