Section 188 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 188 – Unlawfully Taking Coining Instrument from a Mint
Text of the Section
Section 188.
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.
Explanation – Own-Law Context
1. Offence Description
"Without lawful authority" means the person lacks any legal permission or authorization to remove the tool or instrument.
"Takes out" implies physically removing or removing access to the item from within the mint premises.
"Mint, lawfully established in India" refers to an authorized facility where coins are produced under government authority.
Thus, the offense comprises unauthorized removal of items essential to coin manufacture from an official mint.
2. Elements of the Offence
The following must be satisfied for criminal liability under Section 188:
The defendant removed (took out) a coining tool or instrument.
The tool/instrument originated from a lawfully established mint in India.
The removal occurred without lawful authority.
All elements must be proven beyond reasonable doubt to secure conviction.
3. Punishment
The act is punishable with imprisonment (either rigorous or simple) for up to seven years.
There is also a provision for fine, at the court’s discretion.
4. Legal Purpose
Coining tools/instruments are critical to the creation of currency.
Unauthorized removal can facilitate counterfeiting, sabotage of currency integrity, or misuse.
Section 188 aims to deter such risks by criminalizing the conduct with stringent penalties.
Illustrative Examples (Internal Hypotheticals)
Example 1: An employee at a government mint takes a coining die home as a "souvenir" without permission. Though seemingly harmless, this falls squarely under Section 188 and may attract a prison term and fine.
KanoonGPT
Example 2: An individual is hired by criminals to smuggle a coining press out of the mint. Such an act constitutes a serious offense under this section, carrying up to seven years' imprisonment and fine.
KanoonGPT
These examples reflect possible scenarios that illustrate the boundaries and application of the section strictly within the law’s framework.
Summary Table
| Aspect | Detail |
|---|---|
| Offence | Unauthorized removal of coining tools or instruments from a lawful mint |
| Elements | Removal, lawfully established mint, without lawful authority |
| Punishment | Imprisonment (up to 7 years) + fine |
| Purpose | Safeguard integrity of mint operations and public currency issuance |
In Summary:
Section 188 of the BNS, 2023, criminalizes the unauthorized removal of any coining tool or instrument from an officially recognized mint in India, imposing a severe penalty of up to seven years’ imprisonment and financial penalty. Its objective is to protect the coin production infrastructure and ensure the security and sanctity of the national currency system.
RELATED Blog
0 comments