Section 186 of the Bharatiya Nyaya Sanhita (BNS), 2023
Text of Section 186 – Prohibition of Fictitious Stamps
According to authoritative sources, Section 186 of the BNS states:
(1) Whoever—
(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses it for any postal purpose; 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 a fine which may extend to two hundred rupees.
(2) Any such stamp, die, plate, instrument, or materials may be seized and, if seized, shall be forfeited.
(3) “Fictitious stamp” means any stamp falsely purporting to be issued by Government to denote a rate of postage, or any facsimile, imitation, or representation—on paper or otherwise—of a Government-issued stamp.
(4) In this section and related sections (178–181, 183–185), “Government” includes anyone authorised by law to administer executive Government in any part of India or in a foreign country.
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Section Breakdown & Explanation – Without External Laws
1. Prohibited Acts (Sub‑section 1)
Creating, uttering, selling, or using a fictitious stamp for postal purposes.
Possessing such a stamp without a lawful excuse.
Making or keeping tools or materials (like dies or plates) for making such stamps without a lawful excuse.
These actions are offences punishable by a fine up to ₹200.
2. Consequences (Sub‑section 2)
Authorities are empowered to seize any fictitious stamps or tools used to make them.
Once seized, these items are subject to forfeiture—meaning the possessor permanently loses rights over them.
3. Definition of “Fictitious Stamp” (Sub‑section 3)
It is any stamp that falsely claims to be government-issued for postage.
Can include any imitation or representation, regardless of medium (paper, cloth, digital, etc.).
4. Scope of “Government” (Sub‑section 4)
Extends beyond just central or state authorities to include any person authorised by law to issue such postage stamps.
Applies also to relevant authorities operating outside India.
Context & Rationale
Section 186 falls under Chapter 10 of the BNS, which deals with offences related to coin, currency-notes, bank-notes, and government stamps Vakil SearchWikipedia.
Its purpose is to protect the integrity of postal services, safeguard government revenue, and deter fraudulent postal practices.
Criminalizing both the use and the tools for producing fictitious stamps ensures a preventive legal barrier against counterfeiting.
Illustrative Examples
A person prints a fake stamp that looks like an official government postage stamp and uses it to send a letter → Offence under 186(1)(a).
A collector has a fake stamp without authorization (e.g., not for academic or legal reasons) → Offence under 186(1)(b).
Someone has in their workshop specialized plates or die used to produce fake stamps, without any legal permission → Offence under 186(1)(c).
If detected, authorities can seize those fake stamps or tools, which then become forfeited to the government, and the person may face a fine up to ₹200.
Summary Table
| Element | Details |
|---|---|
| What is prohibited | Creation, sale, use, or possession of fictitious stamps or tools |
| Penalty | Fine up to ₹200 |
| Additional actions | Seizure and forfeiture of stamps/tools |
| Definition | Any imitation purporting to be a government-issued postage stamp |
| Scope | Authorities nationally or legally authorised abroad |
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