IPC Section 245 and BNS Section 188: Unlawfully Taking Coining Instruments from a Mint

Removing a coining tool or instrument from a lawfully established mint in India without lawful authority is a criminal offence punishable by imprisonment for up to seven years and a fine.

What did IPC Section 245 provide?

Section 245 of the Indian Penal Code, 1860, was titled Unlawfully taking coining instrument from mint. It punished any person who, without lawful authority, took a coining tool or instrument out of a mint lawfully established in India.

Current law: Section 188 of the Bharatiya Nyaya Sanhita, 2023

BNS Section 188, within Chapter X on offences relating to coin, currency-notes, bank-notes and Government stamps, carries forward the prohibition. The operative rule and maximum punishment remain materially the same as former IPC Section 245.

Essential ingredients of the offence

1. A lawfully established mint: The tool or instrument must be taken from a mint lawfully established in India.
2. A coining tool or instrument: The item must be a tool or instrument used for coin production, such as an appropriate die or coining apparatus, depending on the evidence.
3. Taking out of the mint: The prohibited conduct is removing the item from the mint, not merely being near or handling it inside the premises.
4. Absence of lawful authority: The removal must be without lawful permission or other legal authorisation.

The prosecution must establish the statutory elements and the required criminal responsibility in accordance with applicable law. The section does not expressly require proof that counterfeit coins were actually manufactured using the removed instrument.

Punishment and procedural classification

Both former IPC Section 245 and current BNS Section 188 prescribe imprisonment of either description for a term extending to seven years, together with liability to a fine. The statute does not specify a fixed minimum term or a fixed fine amount in this section.

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the BNS offence is classified as cognizable and non-bailable, and is triable by a Magistrate of the first class. Non-bailable does not mean that bail is legally impossible; it means bail is governed by judicial discretion and applicable procedural provisions.

Illustrative example

Suppose a person removes a specialised coin-striking die from an authorised Indian mint without lawful permission. If the item is a coining instrument and the remaining statutory requirements are established, the conduct may fall under BNS Section 188. This example is explanatory and is not a statutory illustration.

Difference between BNS Sections 187 and 188

Section 187 addresses an employee of a lawfully established mint who intentionally causes, by an act or legally wrongful omission, a coin issued from the mint to differ in weight or composition from what the law fixes. Section 188 instead concerns the unauthorised removal of a coining tool or instrument from a lawful mint. Both provisions prescribe imprisonment extending to seven years and liability to a fine.

Which law applies to older incidents?

The BNS came into force on 1 July 2024 and repealed the IPC subject to its savings provisions. For an incident predating commencement, the earlier IPC provision may continue to govern liability, while applicable procedural and transitional rules require separate consideration. The date and nature of the alleged conduct are important.

Official legal sources

• National Crime Records Bureau - official BNS chapter text (see Section 188)
• Bureau of Police Research and Development - Bharatiya Nyaya Sanhita PDF
• India Code - central legislation database

This article provides general legal information. The official statutory text and applicable judicial decisions should be consulted for specific cases.