Section 181 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 181 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of making or possessing instruments or materials intended for forging or counterfeiting currency-related items.
📜 Text of Section 181
Section 181. Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes
Whoever makes or mends, or performs any part of the process of making or mending, or buys or sells or disposes of, or has in his possession, any machinery, die, or instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or 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.
⚖️ Key Elements
Scope of Offense: The section criminalizes the making, mending, possession, or trafficking of any machinery, die, instrument, or material intended for the purpose of forging or counterfeiting:
Coins
Government stamps issued for revenue purposes
Currency notes
Bank notes(
Knowledge or Belief: The offense applies even if the individual has reason to believe that the items are intended for counterfeiting, regardless of whether any actual counterfeiting has occurred.
Punishment: Conviction under this section may result in:
Imprisonment for life
Imprisonment of either description for a term which may extend to ten years
Liability to fine
🔍 Comparison with Indian Penal Code (IPC)
Section 181 of the BNS corresponds to:
Section 233 IPC: Making or selling instruments for counterfeiting coin.
Section 234 IPC: Making or selling instruments for counterfeiting Indian coin.
Section 235 IPC: Possession of instrument or material for the purpose of counterfeiting coin.
Section 489E IPC: Making or using documents resembling currency-notes or bank-notes
The BNS provisions are more comprehensive, encompassing a wider range of items (including government stamps and bank notes) and imposing stricter penalties, including life imprisonment.
🛡️ Purpose and Intent
The primary objective of Section 181 is to act as a deterrent against the preparation and facilitation of counterfeiting activities. By penalizing the possession and trafficking of tools and materials intended for forging currency-related items, the law aims to prevent the occurrence of such offenses and uphold the integrity of the nation's financial system.
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