IPC Section 252: Possession of Altered Coin and BNS Section 180
Section 252 of the Indian Penal Code, 1860 penalised possession of an altered coin where the possessor knew of the alteration on acquiring it and possessed it fraudulently or with intent that fraud might be committed. The Bharatiya Nyaya Sanhita, 2023 now addresses relevant knowing possession of counterfeit coins in Section 180.
What did IPC Section 252 provide?
The former provision applied where a person fraudulently, or with intent that fraud might be committed, possessed a coin on which an offence under IPC Section 246 or IPC Section 248 had been committed, knowing of that offence when the coin came into their possession.
Punishment under the former IPC Section 252: imprisonment of either description for up to three years and liability to a fine.
Essential ingredients of the former offence
- Possession: The accused had possession of the coin.
- Prior alteration: The coin had been fraudulently or dishonestly reduced in weight, altered in composition, or had its appearance altered with the specified deceptive intent under IPC Section 246 or 248.
- Knowledge on acquisition: The accused knew when obtaining possession that the relevant alteration offence had occurred.
- Fraudulent purpose: The possession was fraudulent or accompanied by intent that fraud might be committed.
Knowledge and fraudulent intent were material statutory requirements; the mere fact that a coin was altered did not by itself establish the offence.
Current law: BNS Sections 178 and 180
BNS Section 178: Meaning of counterfeiting coin
Section 178 addresses counterfeiting of coins, Government stamps, currency-notes and bank-notes. Its Explanation (2) links the meaning of coin to Section 2 of the Coinage Act, 2011 and also covers specified stamped metal issued as money. Explanation (4) covers making a genuine coin appear to be a different coin with the requisite deceptive intent or knowledge. Explanation (5) includes reducing a coin's weight or altering its composition or appearance within the offence of counterfeiting coin.
BNS Section 180: Knowing possession with intent to use as genuine
Section 180 applies to possession of a forged or counterfeit coin, Government stamp, currency-note or bank-note where the person knows or has reason to believe it is forged or counterfeit and intends to use it as genuine or that it may be used as genuine.
Punishment under BNS Section 180: imprisonment of either description for up to seven years, or a fine, or both. The statutory Explanation provides that where a person establishes that possession came from a lawful source, it does not constitute an offence under this section.
Section 180 is a broader consolidated provision and is not a word-for-word replacement of IPC Section 252. In particular, the former IPC provision required knowledge when possession was acquired, while the BNS provision uses the formulation of knowledge or reason to believe and an intent concerning use as genuine.
IPC Section 252 and BNS Section 180 compared
| Issue | IPC Section 252 (former) | BNS Section 180 (current) |
|---|---|---|
| Subject | Coin altered as described in IPC Sections 246 or 248 | Forged or counterfeit coin, Government stamp, currency-note or bank-note |
| Mental element | Knowledge at acquisition and fraudulent purpose or intent that fraud might occur | Knowledge or reason to believe, plus intent to use or permit use as genuine |
| Punishment | Up to 3 years and fine | Up to 7 years, or fine, or both |
| Application | Relevant to offences committed before 1 July 2024 | Generally applies to offences from 1 July 2024 onward |
Illustrative example
A person receives a coin, is told and understands that it was deliberately altered to mislead recipients, and keeps it for use as a genuine coin in a transaction. Such facts may engage the current Section 180 if the prosecution establishes the statutory elements. By contrast, innocent possession without the required knowledge or intent is not enough merely because the coin is altered.
Related provisions
IPC Section 251 concerned fraudulent delivery of an altered Indian coin. IPC Section 253 concerned knowing possession of an altered Indian coin. Under the BNS, Section 179 addresses knowingly using, selling or delivering forged or counterfeit coins as genuine, while Section 180 addresses possession with the required intent.
Official legislative references
- National Crime Records Bureau: Bharatiya Nyaya Sanhita, Chapter X, Sections 178 to 181
- India Code: Central legislation, including the IPC and BNS
- Government of India: BNS Section 178 and its statutory explanations
This article provides general legal information. Applicability depends on the date of the alleged act, statutory elements, evidence and applicable procedural law.