IPC Section 243: Possession of Counterfeit Indian Coin and Current BNS Law
Section 243 of the Indian Penal Code, 1860 punished fraudulent possession of a counterfeit Indian coin where the person knew it was counterfeit when taking possession. The corresponding modern framework is found principally in Section 180 of the Bharatiya Nyaya Sanhita, 2023.
What did IPC Section 243 provide?
Heading: Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.
Original statutory text:
Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of Indian coin, having known at the time when he became possessed of it that it was 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.
The former provision required fraudulent possession or an intention that fraud might be committed, together with knowledge of the coin's counterfeit nature at the time of acquisition. It specifically concerned counterfeit Indian coin.
Essential ingredients under former IPC Section 243
- The accused possessed a counterfeit coin representing an Indian coin.
- The accused knew that the coin was counterfeit when acquiring possession.
- The possession was fraudulent or accompanied by an intention that fraud might be committed.
- The prosecution had to establish the required elements on the evidence.
Punishment under IPC Section 243
The punishment was imprisonment of either description for a term extending to seven years, and liability to a fine. The provision applied under the former IPC regime and should not be treated as the operative section for offences committed after commencement of the BNS.
BNS Section 180: Current law on possession of counterfeit coin
Section 180 of the Bharatiya Nyaya Sanhita, 2023 covers possession of forged or counterfeit coins, Government stamps, currency-notes and bank-notes. It requires possession with knowledge or reason to believe the item is forged or counterfeit, along with an intention to use it as genuine or that it may be used as genuine.
Punishment: imprisonment of either description for up to seven years, or fine, or both. Unlike former IPC Section 243, imprisonment and fine are stated as alternatives, with the possibility of both.
Statutory explanation: If a person establishes that possession of the forged or counterfeit item was from a lawful source, that possession does not constitute an offence under Section 180. This safeguard must be read with the provision as a whole.
Relevant legal definitions
Coin and counterfeiting under BNS Section 178
For Chapter X of the BNS, a coin has the meaning assigned in Section 2 of the Coinage Act, 2011, and includes metal stamped and issued under State or sovereign authority for use as money. Counterfeiting coin includes deceptive alteration of a genuine coin's appearance, weight or composition. The complete statutory definitions appear in BNS Section 178.
Knowledge and intention
Under Section 180, merely encountering or inadvertently receiving a counterfeit coin does not, without the other statutory elements, establish the offence. The required knowledge or reason to believe and the intention concerning use as genuine are important questions of fact.
IPC Section 243 and BNS Section 180 compared
| Aspect | Former IPC Section 243 | Current BNS Section 180 |
|---|---|---|
| Subject | Counterfeit Indian coin | Forged or counterfeit coin, Government stamp, currency-note or bank-note |
| Knowledge | Knowledge when possession was acquired | Knowledge or reason to believe item is counterfeit |
| Intent | Fraudulent possession or intent that fraud may be committed | Intent to use as genuine or that it may be so used |
| Punishment | Up to seven years and fine | Up to seven years or fine or both |
| Lawful-source explanation | No equivalent express explanation in Section 243 | Express statutory explanation concerning lawful-source possession |
Related offence: Using counterfeit coin as genuine
BNS Section 179 separately addresses importing, exporting, selling, delivering, buying, receiving, trafficking in or using a forged or counterfeit coin or other covered item as genuine, with knowledge or reason to believe it is forged or counterfeit. Its punishment can extend to life imprisonment, or imprisonment up to ten years, and fine. The precise charge depends on the acts and evidence.
Illustrative example
A person knowingly acquires counterfeit Indian coins and keeps them with the intention of passing them off as genuine in future transactions. This may engage Section 180 BNS if the prosecution proves its statutory ingredients. By contrast, someone who unknowingly receives a counterfeit coin in ordinary change and keeps it without the prohibited intention is not automatically guilty merely because the coin is counterfeit.
Frequently asked questions
Is IPC Section 243 still in force for new offences?
No. The BNS replaced the IPC from 1 July 2024, subject to the applicable savings and transitional provisions for earlier conduct.
What is the corresponding BNS section?
Section 180 BNS is the principal corresponding provision concerning possession of counterfeit coins, although its wording and scope differ from the old IPC provision.
Is possession alone sufficient?
No. Section 180 also requires the specified knowledge or reason to believe and intention concerning use as genuine, and contains an express explanation about lawful-source possession.
Official statutory references
- India Code: Bharatiya Nyaya Sanhita, 2023 (official PDF)
- National Crime Records Bureau: BNS chapter-wise provisions
- Bureau of Police Research and Development: BNS reference publication
Legal note: This article is general legal information, not advice on the facts of any particular criminal case. Consult the operative statute, applicable procedural law and current judicial decisions before relying on it.