IPC Section 248: Altering the Appearance of a Coin to Pass as Another Coin
Section 248 of the Indian Penal Code, 1860 punished deliberately altering a coin's appearance so that it would pass as a coin of another description. For offences committed from 1 July 2024, the relevant current framework is Section 178 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did IPC Section 248 provide?
Section 248, Indian Penal Code, 1860: A person who performs an operation on a coin that alters its appearance, intending that the coin pass as a coin of a different description, was punishable with imprisonment of either description for a term extending to three years and was also liable to a fine.
The offence focused on a purposeful change in appearance and the intended misrepresentation of the coin's description. Mere accidental damage or innocent cleaning, without the statutory intent, was not sufficient on its own.
Essential ingredients under the former Section 248
- Existence of a coin: The act concerned a coin within the legal meaning applicable at the relevant time.
- Alteration: An operation was performed that changed the coin's appearance.
- Specific intention: The accused intended that the altered coin pass as a coin of a different description.
- Proof: The prosecution had to establish the necessary facts and intention through admissible evidence.
Actual successful circulation was not an express requirement of the former provision; the intended deception was central.
Current law: BNS Section 178
Section 178, Bharatiya Nyaya Sanhita, 2023 addresses counterfeiting of coins, government revenue stamps, currency-notes and bank-notes, including knowingly performing part of the counterfeiting process.
Relevant statutory explanations
Explanation (2) - Coin: The term takes its meaning from Section 2 of the Coinage Act, 2011 and also covers qualifying metal stamped and issued as money by a State or Sovereign Power.
Explanation (4) - Making one genuine coin appear like another: A person commits counterfeiting of coin when, intending deception or knowing deception is likely, the person causes a genuine coin to appear like a different coin.
Explanation (5) - Altering a coin: Counterfeiting coin includes diminishing its weight, changing its composition, or altering its appearance.
Punishment under BNS Section 178
The punishment is imprisonment for life, or imprisonment of either description up to ten years, and a fine. This is the penalty for an offence proved under Section 178, not an automatic penalty for every cosmetic change to a coin. The statutory elements, including the counterfeiting context, must be established.
The BNS came into force on 1 July 2024. The timing of the alleged conduct matters when identifying the applicable criminal law.
IPC Section 248 and BNS Section 178: Comparison
| Issue | IPC Section 248 (former) | BNS Section 178 (current) |
|---|---|---|
| Subject | Changing a coin's appearance so it passes as a different description | Counterfeiting coin and specified stamps or notes; explanations cover changes in appearance |
| Required mental element | Intention that coin pass as another description | Counterfeiting or knowing participation; deception provisions explained in subsection explanations |
| Maximum punishment | Three years' imprisonment and fine | Life imprisonment, or up to ten years' imprisonment, and fine |
| Temporal application | Relevant to offences before 1 July 2024, subject to savings | Generally applies to offences from 1 July 2024 |
Illustrative examples
Example 1: A person intentionally modifies the markings on a lower-value genuine coin to make it appear to be a different, higher-value coin. This is the type of deceptive alteration contemplated by the former IPC Section 248 and addressed within BNS Section 178's counterfeiting framework for current conduct.
Example 2: A collector cleans an old coin, accidentally changing its appearance, without any intention to deceive or knowingly counterfeit. The change in appearance alone does not establish the offence.
These examples are illustrative. Liability depends on the evidence and the elements of the applicable statute.
Official legislation and further reading
Consult the primary legislation for authoritative wording:
Frequently asked questions
Is IPC Section 248 still in force?
For new offences from 1 July 2024, the BNS governs. IPC Section 248 remains relevant for historical offences and proceedings under applicable saving rules.
What is the current corresponding BNS section?
BNS Section 178 addresses counterfeiting coin, including the alteration of a coin's appearance under its statutory explanations.
Is every altered coin counterfeit?
No. The legal requirements of counterfeiting, including the relevant mental element, must be proved; accidental or innocent alterations are not automatically criminal.