IPC Section 236: Abetting Counterfeiting Coin Outside India
Section 236 of the Indian Penal Code, 1860 dealt with abetting, from within India, the counterfeiting of coins outside India. It is a historical provision: the Bharatiya Nyaya Sanhita, 2023 (BNS) did not reproduce IPC Section 236 as a separate offence. However, the current general law of cross-border abetment remains relevant.
Meaning of IPC Section 236
The historical statutory rule was: Whoever, being within India abets the counterfeiting of coin out of India shall be punished in the same manner as if he abetted the counterfeiting of such coin within India.
Thus, the former provision addressed the location of the abettor in India and the counterfeiting activity abroad. It did not require the physical minting or alteration of a coin to occur within India.
Essential ingredients under the former IPC provision
- The alleged abettor was within India.
- The abetment related to counterfeiting coin.
- The counterfeiting was intended to occur or occurred outside India.
- The prosecution had to prove abetment, not merely an association with the foreign actor.
Historical punishment under IPC Section 236
IPC Section 236 did not specify a standalone term of imprisonment. It applied the punishment that would follow if the accused had abetted counterfeiting the relevant coin within India. The underlying IPC provisions distinguished counterfeiting coin generally (IPC Section 231, up to seven years and fine) from counterfeiting Indian coin (IPC Section 232, life imprisonment or up to ten years and fine). The applicable abetment rules and whether the offence was committed mattered.
Current position under the Bharatiya Nyaya Sanhita, 2023
IPC Section 236 has no one-to-one BNS replacement
The official Bureau of Police Research and Development comparative material lists IPC Section 236 among the provisions deleted or not separately reproduced in the BNS. It would therefore be misleading to describe BNS Section 47 as an exact renumbering of IPC Section 236.
BNS Section 47: Abetment in India of offences outside India
Section 47 provides that a person in India abets an offence if that person abets an act beyond India that would constitute an offence if committed in India. This is a general provision and can be relevant where a person in India instigates or otherwise abets coin counterfeiting abroad.
BNS Section 178: Counterfeiting coin
Section 178 criminalises counterfeiting or knowingly performing part of the counterfeiting process involving coins, government revenue stamps, currency notes or banknotes. Its punishment is imprisonment for life or imprisonment of either description for up to ten years, and a fine. The definition of coin refers to the Coinage Act, 2011 and includes certain coinage issued by other sovereign authorities.
BNS Sections 45 and 49: Abetment and punishment
Section 45 describes abetment by instigation, conspiracy accompanied by an act or illegal omission, or intentional aid. Section 49 provides for punishment of abetment where the act abetted is committed in consequence and the BNS makes no express provision for the punishment of that abetment. Where the offence is not completed or circumstances differ, other abetment provisions may apply; punishment should not be assumed automatically.
Illustrative situations
Example 1: A person in India deliberately instructs an overseas associate to counterfeit coins. If the statutory elements are established, the cross-border abetment rules may apply even though the counterfeiting takes place abroad.
Example 2: A business supplies ordinary equipment to an overseas customer without knowing of any unlawful plan. Mere supply, without proof of the required intent or knowledge and other elements, does not automatically establish abetment.
Example 3: A person in India knowingly provides specialised dies for counterfeiting coins abroad. Depending on the evidence, both abetment provisions and BNS Section 181 concerning counterfeiting instruments may need examination.
Investigation, jurisdiction and procedure
Cross-border cases require attention to where the alleged instigation or assistance occurred, the location of evidence and witnesses, the nationality of participants, and the applicable procedural law. Classification, bail and trial forum depend on the offence or offences actually charged and the applicable Bharatiya Nagarik Suraksha Sanhita, 2023 provisions. A generic label of IPC Section 236 is not a sufficient basis for declaring the current offence bailable or non-bailable.
Offences before 1 July 2024
The BNS replaced the IPC with effect from 1 July 2024 (subject to the notified commencement details). The repeal does not automatically erase prior liabilities, investigations or proceedings; the savings provision in BNS Section 358 and other applicable legal principles must be considered for earlier conduct.
Frequently asked questions
Is IPC Section 236 still in force?
No. IPC Section 236 was not carried forward as a separate provision in the Bharatiya Nyaya Sanhita, 2023, which generally took effect on 1 July 2024.
Does this mean abetting coin counterfeiting abroad is lawful?
No. BNS Section 47 expressly covers abetment in India of conduct outside India that would be an offence if committed in India. Sections 45 and 49 and the underlying counterfeiting offence may also be relevant.
What did IPC Section 236 prohibit?
It punished a person within India who abetted counterfeiting coin outside India as though the person had abetted that counterfeiting within India.
What is BNS Section 47?
It defines abetment in India of offences outside India: a person in India abets an act beyond India that would be an offence if committed in India.
What is the punishment for counterfeiting coin under BNS Section 178?
The principal counterfeiting offence carries imprisonment for life or imprisonment up to ten years, and a fine. Punishment for abetment depends on the applicable abetment provisions and facts.
Is every international connection enough to prove abetment?
No. Investigators must establish the legally required participation, knowledge or intent and the relevant territorial connection; merely knowing someone abroad is insufficient.
Does the repeal erase old cases under IPC Section 236?
No. The effect of repeal and savings on pre-commencement conduct must be considered, including BNS Section 358 and the applicable general saving principles.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - India Code (official PDF)
- Bureau of Police Research and Development - BNS reference and deleted IPC sections
- India Code - official legislation portal
Legal information updated 30 October 2026. This article is for general information and is not a substitute for advice on a specific case.