Indian Penal Code, 1860 | Historical provision and current law
IPC Section 253: Possession of an Altered Indian Coin
Section 253 of the Indian Penal Code, 1860 dealt with fraudulent possession of an Indian coin which the possessor knew had been unlawfully altered. Since 1 July 2024, the relevant current offence is principally addressed by Section 180 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Former IPC Section 253: imprisonment of either description for up to five years, and liability to fine. Current BNS Section 180: imprisonment of either description for up to seven years, or fine, or both, where its distinct statutory requirements are established.
What did IPC Section 253 provide?
The former provision punished a person who, fraudulently or with intent that fraud might be committed, possessed an Indian coin affected by an offence under IPC Section 247 or IPC Section 249, knowing when acquiring the coin that it had been altered in that manner.
Former statutory text: “Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the sections 247 or 249 has been committed, having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.”
Essential ingredients of the former offence
- Possession: The accused possessed a coin affected by the specified alteration.
- Prior alteration: The coin had been subjected to conduct described in former IPC Section 247 (fraudulently or dishonestly reducing the weight or altering the composition of an Indian coin) or Section 249 (altering its appearance to pass as another description of coin).
- Knowledge at acquisition: The person knew of that alteration when becoming possessed of the coin.
- Fraudulent purpose: Possession was fraudulent or accompanied by an intent that fraud might be committed.
Accidental possession, without the statutory knowledge and fraudulent purpose, did not by itself satisfy the former offence.
Current law: BNS Section 180
Section 180 of the Bharatiya Nyaya Sanhita, 2023 concerns possession of forged or counterfeit coins, Government stamps, currency-notes and bank-notes. It applies where a person possesses such an item knowing or having reason to believe it is forged or counterfeit, and intends to use it as genuine or that it may be used as genuine.
The punishment is imprisonment of either description for up to seven years, or fine, or both. The statutory Explanation provides that if a person establishes possession of the forged or counterfeit item to be from a lawful source, it shall not constitute an offence under this section.
Section 178, Explanation (4) and (5) is also relevant: counterfeiting coin includes deceptively making a genuine coin appear to be a different coin and diminishing its weight or altering its composition or appearance. The meaning of “coin” is linked to Section 2 of the Coinage Act, 2011.
Where a person delivers or uses a counterfeit coin as genuine, BNS Section 179 may apply instead, subject to its own elements. Mere possession and delivery should not be treated as identical offences.
IPC Section 253 and BNS Section 180: comparison
| Issue | Former IPC Section 253 | Current BNS Section 180 |
|---|---|---|
| Subject | Indian coin altered under IPC Sections 247 or 249 | Forged or counterfeit coin, Government stamp, currency-note or bank-note |
| Knowledge | Knowledge of alteration when possession began | Knowledge or reason to believe the item is forged or counterfeit |
| Intent | Fraudulent possession or intent that fraud may be committed | Intent to use as genuine or that it may be used as genuine |
| Punishment | Up to five years and liability to fine | Up to seven years, or fine, or both |
| Additional provision | Specific to altered Indian coin | Explanation concerning possession from a lawful source |
Illustrative example
A person receives a coin knowing it has been deliberately altered to appear to be a higher-denomination coin, and keeps it intending that it be circulated as genuine. For conduct governed by the current law, the facts may attract BNS Section 180, depending on proof of knowledge, intent, possession and the statutory definition of counterfeiting. If the person actually supplies the coin as genuine, Section 179 may also need examination.
Does IPC Section 253 still apply?
The BNS came into force on 1 July 2024 and repealed the IPC, subject to savings. Offences committed before that date must be assessed under the law applicable when the conduct occurred and the relevant repeal-and-savings provisions. BNS Section 358 and Article 20(1) of the Constitution are relevant to this temporal distinction. A new prosecution should not mechanically substitute the current BNS punishment for an earlier IPC offence.
Official legislative references
- Bharatiya Nyaya Sanhita, 2023 (official India Code PDF) — see Sections 178, 179, 180 and 358.
- National Crime Records Bureau: BNS provisions.
- India Code official legislation portal — consult the Indian Penal Code, 1860 and the Coinage Act, 2011.
This article provides general legal information, not case-specific advice. Consult the authoritative legislation and any applicable amendments or judicial decisions for a particular matter.