IPC Section 246: Fraudulently or Dishonestly Diminishing the Weight or Altering the Composition of a Coin
Section 246 of the Indian Penal Code, 1860 punished dishonest or fraudulent interference with the weight or composition of a coin. For conduct governed by the Bharatiya Nyaya Sanhita, 2023, the relevant provisions are found in Section 178, particularly its explanation concerning counterfeiting by altering coins.
What did IPC Section 246 provide?
The historical text of Section 246 stated:
Whoever, fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation: A person who scoops out part of the coin and puts anything else into the cavity alters the composition of the coin.
Essential ingredients under the former IPC provision
- The subject of the act was a coin.
- The accused performed an operation on that coin.
- The operation diminished its weight or changed its composition.
- The act was done fraudulently or dishonestly, rather than by accident.
The former IPC distinguished dishonest or fraudulent alteration from innocent damage or ordinary wear. The relevant intention and circumstances would have to be established from evidence.
Corresponding law: Section 178 of the Bharatiya Nyaya Sanhita, 2023
Section 178 is titled Counterfeiting coin, Government stamps, currency-notes or bank-notes. It penalises a person who counterfeits, or knowingly performs any part of the process of counterfeiting, the listed items.
Explanation (4) addresses causing a genuine coin to appear like a different coin with an intention to practise deception, or knowledge that deception is likely. Explanation (5) expressly includes diminishing the weight of a coin, altering its composition or altering its appearance within the offence of counterfeiting coin.
The National Crime Records Bureau's official IPC-to-BNS correspondence table places former IPC Section 246 under the explanation to BNS Section 178, rather than identifying a separate BNS offence bearing the former IPC Section 246 wording.
Meaning of coin under the current law
Explanation (2) to BNS Section 178 adopts the meaning of coin under Section 2 of the Coinage Act, 2011, and also includes metal used for the time being as money, stamped and issued by or under the authority of a State or Sovereign Power and intended to be so used.
Punishment under IPC Section 246 and BNS Section 178
| Former IPC Section 246 | Imprisonment of either description up to three years and liability to fine. |
|---|---|
| Current BNS Section 178 | Imprisonment for life, or imprisonment of either description up to ten years, and liability to fine, where the ingredients of counterfeiting under that section are proved. |
| Applicability | The applicable enactment depends on the date of the alleged conduct and relevant repeal-and-savings provisions; it is not determined merely by the date on which proceedings begin. |
The change in statutory wording and punishment is material. Not every instance of wear, repair or accidental damage to a coin constitutes counterfeiting; the conduct and mental element must be assessed under the applicable provision.
Practical illustration
Suppose a person intentionally removes metal from a genuine coin and fills the cavity with another material so that the coin may be passed off deceptively. Under the former IPC, this could fall within Section 246 if the requisite fraudulent or dishonest intention was proved. For conduct governed by the BNS, the facts must be assessed against Section 178 and its explanations, including whether counterfeiting or knowing participation in counterfeiting is established.
Related legal provisions
Sections 179 and 180 of the BNS deal, respectively, with using forged or counterfeit items as genuine and with possession of forged or counterfeit items in the circumstances specified in those sections. They address different conduct and should not be treated as automatic substitutes for Section 178.
Official legislation and reference material
- Government of India: BNS Section 178 statutory text
- National Crime Records Bureau: IPC-to-BNS correspondence table
- Bureau of Police Research and Development: BNS text and comparative material (PDF)
- India Code: official central legislation portal
This article provides general legal information. The statutory text, date of the alleged offence and relevant judicial interpretation should be examined for any particular case.