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KembaraXtra - Bharatiya Nyaya Sanhita - Section 179 - Using as Genuine, Forged or Counterfeit Coin, Government Stamp, Currency-Notes or Bank-Notes
Introduction
Section 179 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the importation, exportation, sale, delivery, purchase, receipt, trafficking and use as genuine of forged or counterfeit coins, Government stamps, currency-notes and bank-notes.
The provision seeks to protect the integrity of the monetary and Government revenue systems by preventing counterfeit articles from being transferred, traded, circulated or represented as authentic.
Counterfeiting is not limited to the physical manufacture of false coins, stamps or currency.
A counterfeit article may pass through several persons before reaching an unsuspecting member of the public.
One person may manufacture it, another may transport it, a third may sell it and another may attempt to use it as genuine.
Section 179 addresses this wider chain of circulation.
It criminalises several forms of dealing with forged or counterfeit articles where the accused knows or has reason to believe that the articles are forged or counterfeit.
An important feature of Section 179 is that it does not confine criminal liability to the person who personally presents counterfeit currency as genuine.
The provision expressly covers importing, exporting, selling, delivering, buying, receiving and otherwise trafficking in the relevant articles.
Consequently, a person may fall within Section 179 even if that person does not personally manufacture the counterfeit article or ultimately use it in a retail transaction.
The relevant issue is whether the accused performs one of the prohibited acts with the required knowledge or reason to believe.
Section 179 prescribes a severe punishment.
An offender may be punished with imprisonment for life, or imprisonment of either description for a term extending up to ten years, and shall also be liable to fine.
According to the supplied classification, the offence is cognizable, non-bailable and triable by the Court of Session.
According to the supplied commentary, Section 179 BNS corresponds to Sections 239, 240, 241, 260 and 489B of the Indian Penal Code, 1860.
The provision has been rephrased to consolidate the conduct addressed by those earlier provisions.
The punishment has been adopted from Section 489B IPC.
Central Memory Formula
FORGED OR COUNTERFEIT ARTICLE + IMPORT, EXPORT, SELL, DELIVER, BUY, RECEIVE, TRAFFIC OR USE AS GENUINE + KNOWLEDGE OR REASON TO BELIEVE = SECTION 179 BNS
Part I — Meaning and Object of Section 179
Q1. What does Section 179 of the Bharatiya Nyaya Sanhita provide?
Answer:
Section 179 punishes a person who imports, exports, sells, delivers to another person, buys or receives from another person, otherwise traffics in, or uses as genuine any forged or counterfeit coin, stamp, currency-note or bank-note.
The accused must know or have reason to believe that the relevant article is forged or counterfeit.
The punishment is imprisonment for life, or imprisonment of either description for a term extending up to ten years, and liability to fine.
Q2. What is the principal object of Section 179?
Answer:
The principal object of Section 179 is to prevent the circulation and commercial or other distribution of forged or counterfeit monetary and revenue articles.
The provision seeks to protect public confidence in genuine coins, Government stamps, currency-notes and bank-notes.
It also addresses persons who facilitate the movement of counterfeit articles from one person or place to another.
Q3. Why does Section 179 cover several different forms of conduct?
Answer:
Counterfeit articles may circulate through a chain of transactions.
Different persons may perform different roles in that chain.
One person may import counterfeit currency.
Another may store or distribute it.
A third may sell it.
Another may purchase it and subsequently use it as genuine.
Section 179 expressly covers several of these activities so that liability is not confined to the person who performs the final act of passing counterfeit currency as authentic.
Q4. Which IPC provisions correspond to Section 179 BNS?
Answer:
According to the supplied commentary, Section 179 corresponds to the following provisions of the Indian Penal Code, 1860:
- Section 239 IPC.
- Section 240 IPC.
- Section 241 IPC.
- Section 260 IPC.
- Section 489B IPC.
The BNS provision consolidates the relevant forms of dealing with forged or counterfeit articles.
Memory Formula:
179 BNS = IPC 239 + 240 + 241 + 260 + 489B
Q5. Has Section 179 been rephrased under the BNS?
Answer:
Yes.
According to the supplied commentary, Section 179 has been rephrased and consolidates the conduct addressed by the corresponding IPC provisions.
The commentary further states that the punishment has been borrowed from Section 489B IPC.
Part II — Essential Ingredients of Section 179
Q6. What are the essential ingredients of Section 179?
Answer:
The essential ingredients may be understood as follows.
First — Forged or counterfeit article
The relevant article must be a forged or counterfeit coin, stamp, currency-note or bank-note.
Second — Prohibited conduct
The accused must import, export, sell, deliver, buy, receive, otherwise traffic in or use the relevant article as genuine.
Third — Knowledge or reason to believe
The accused must know or have reason to believe that the article is forged or counterfeit.
These ingredients must be established according to the particular form of conduct alleged.
Memory Formula:
COUNTERFEIT ARTICLE + PROHIBITED DEALING + KNOWLEDGE OR REASON TO BELIEVE = SECTION 179
Q7. Must the article actually be forged or counterfeit?
Answer:
Yes.
Section 179 concerns forged or counterfeit coins, stamps, currency-notes and bank-notes.
The prosecution must establish that the relevant article falls within the statutory description.
Dealing with genuine currency does not become an offence under Section 179 merely because the transaction appears unusual.
Q8. Must the accused perform one of the prohibited acts?
Answer:
Yes.
Section 179 expressly identifies several forms of conduct.
The prosecution must establish the particular act alleged, such as importing, exporting, selling, delivering, buying, receiving, trafficking or using as genuine.
Q9. Is knowledge or reason to believe an essential ingredient?
Answer:
Yes.
Section 179 expressly requires the accused to know or have reason to believe that the article is forged or counterfeit.
This requirement distinguishes culpable dealing in counterfeit articles from transactions involving persons who are unaware of the counterfeit character of the articles.
Q10. Must the accused personally manufacture the counterfeit article?
Answer:
No.
Section 179 concerns dealing in and using forged or counterfeit articles.
The accused need not be the person who originally manufactured the article.
Q11. Must the accused personally use the counterfeit article as genuine?
Answer:
No.
Using as genuine is one form of conduct covered by Section 179.
However, the provision also separately covers importing, exporting, selling, delivering, buying, receiving and otherwise trafficking in counterfeit articles.
Therefore, personal use as genuine is not required in every case.
Part III — Articles Covered by Section 179
Q12. What categories of articles are covered by Section 179?
Answer:
Section 179 covers four principal categories of forged or counterfeit articles.
First: Coins.
Second: Government stamps, as identified in the statutory heading.
Third: Currency-notes.
Fourth: Bank-notes.
Memory Formula:
COIN + GOVERNMENT STAMP + CURRENCY-NOTE + BANK-NOTE
Q13. Does Section 179 cover counterfeit coins?
Answer:
Yes.
Coins are expressly included.
A person who performs one of the prohibited acts involving counterfeit coins, knowing or having reason to believe that they are counterfeit, may fall within Section 179.
Q14. Does Section 179 cover forged or counterfeit Government stamps?
Answer:
Yes.
The statutory heading identifies Government stamps, while the operative provision refers to forged or counterfeit stamps.
The relevant stamp must fall within the statutory category.
Q15. Does Section 179 cover counterfeit currency-notes?
Answer:
Yes.
Currency-notes are expressly included.
The provision covers the specified forms of dealing in counterfeit currency-notes where the required knowledge or reason to believe is established.
Q16. Does Section 179 cover counterfeit bank-notes?
Answer:
Yes.
Bank-notes are expressly included.
Section 179 therefore addresses counterfeit bank-notes as well as counterfeit currency-notes.
Q17. Is Section 179 limited to a particular denomination?
Answer:
The supplied statutory wording does not restrict the provision to one particular denomination.
The relevant question is whether the article falls within the statutory description and whether the prohibited conduct and mental element are established.
Q18. Must a large quantity of counterfeit articles be involved?
Answer:
No minimum quantity is expressly prescribed in Section 179.
The provision refers to any forged or counterfeit coin, stamp, currency-note or bank-note.
The prosecution must nevertheless establish the relevant prohibited act and the required knowledge or reason to believe.
Part IV — Importing and Exporting Counterfeit Articles
Q19. What is meant by importing under Section 179?
Answer:
Importing generally refers to bringing articles into a country or territory from outside it.
In the context of Section 179, the relevant conduct concerns importing forged or counterfeit coins, stamps, currency-notes or bank-notes.
The accused must know or have reason to believe that the articles are forged or counterfeit.
Q20. What is meant by exporting under Section 179?
Answer:
Exporting generally refers to sending or taking articles out of a country or territory.
Section 179 expressly includes exporting forged or counterfeit articles with the required knowledge or reason to believe.
Q21. Must imported counterfeit currency actually be used as genuine?
Answer:
No.
Importing is separately identified as prohibited conduct.
The provision does not expressly require that imported counterfeit currency must subsequently be used as genuine.
Q22. Must exported counterfeit articles reach their final destination?
Answer:
Section 179 expressly covers exporting.
Whether a particular movement constitutes completed exportation must be determined according to the facts and applicable law.
However, Section 179 does not separately require proof that the articles were successfully used as genuine after exportation.
Q23. Can a person be liable for importing counterfeit articles without manufacturing them?
Answer:
Yes.
Section 179 does not require the importer to be the manufacturer.
Importing counterfeit articles with the required knowledge or reason to believe is separately covered.
Part V — Selling and Delivering Counterfeit Articles
Q24. Does Section 179 prohibit selling counterfeit articles?
Answer:
Yes.
Selling forged or counterfeit coins, stamps, currency-notes or bank-notes is expressly covered.
The accused must know or have reason to believe that the articles are forged or counterfeit.
Q25. What is meant by selling under Section 179?
Answer:
Selling involves transferring an article through a sale transaction.
In the context of Section 179, the relevant article must be forged or counterfeit and the accused must possess the required knowledge or reason to believe.
Q26. Does Section 179 prohibit delivery of counterfeit articles?
Answer:
Yes.
The provision expressly covers delivering the relevant article to another person.
Delivery is therefore a separate form of prohibited conduct.
Q27. Must delivery involve payment?
Answer:
No.
Section 179 separately refers to selling and delivering.
Delivery is not expressly restricted to transactions involving payment.
A transfer without payment may therefore fall within the provision where the remaining statutory requirements are established.
Q28. Can a person who distributes counterfeit notes without payment be liable?
Answer:
Yes.
A person who delivers counterfeit notes to another person, knowing or having reason to believe that they are counterfeit, may fall within Section 179.
The absence of payment does not automatically exclude liability.
Q29. Must the recipient actually use the counterfeit article as genuine?
Answer:
No.
Delivery is expressly covered as a separate form of conduct.
The statute does not expressly require successful subsequent use by the recipient.
Part VI — Buying and Receiving Counterfeit Articles
Q30. Does Section 179 prohibit buying counterfeit articles?
Answer:
Yes.
Buying forged or counterfeit coins, stamps, currency-notes or bank-notes is expressly covered.
The accused must know or have reason to believe that the articles are forged or counterfeit.
Q31. Does Section 179 prohibit receiving counterfeit articles?
Answer:
Yes.
The provision expressly covers receiving the relevant article from another person.
Receiving is therefore a separate form of prohibited conduct.
Q32. What is the difference between buying and receiving?
Answer:
Buying involves acquiring an article through a purchase transaction.
Receiving is broader and refers to obtaining the article from another person.
Section 179 expressly includes both forms of conduct.
Q33. Must the accused pay money before receiving becomes punishable?
Answer:
No.
Receiving is not expressly restricted to purchases.
The relevant issue is whether the accused received the forged or counterfeit article with the required knowledge or reason to believe.
Q34. Is unknowingly receiving a counterfeit currency-note automatically an offence?
Answer:
No.
Section 179 requires knowledge or reason to believe that the article is forged or counterfeit.
A person who unknowingly receives a counterfeit currency-note does not automatically commit the offence merely because the note is later discovered to be counterfeit.
Q35. Can a person who receives counterfeit notes for onward distribution be liable?
Answer:
Yes.
A person who receives counterfeit notes knowing or having reason to believe that they are counterfeit may fall within Section 179.
If the person subsequently delivers or otherwise traffics in the notes, those additional acts may also be relevant to the statutory prohibition.
Part VII — Otherwise Trafficking in Counterfeit Articles
Q36. What is meant by otherwise trafficking under Section 179?
Answer:
The expression “otherwise traffics” extends the provision to other forms of dealing or trading in forged or counterfeit articles beyond the transactions specifically listed.
Its application depends on the nature of the conduct and the statutory context.
The expression should not be treated as eliminating the requirement of knowledge or reason to believe.
Q37. Why does Section 179 include the words “otherwise traffics”?
Answer:
The words broaden the provision beyond the expressly listed forms of importing, exporting, selling, delivering, buying and receiving.
Counterfeit articles may be dealt with through different arrangements.
The expression allows the statutory prohibition to address other forms of trafficking that fall within its meaning.
Q38. Is trafficking limited to international movement?
Answer:
No such limitation appears in the supplied statutory wording.
Section 179 separately refers to importing and exporting, while also including otherwise trafficking.
Therefore, trafficking should not automatically be restricted to international movement.
Q39. Must trafficking involve the accused personally using the article as genuine?
Answer:
No.
Otherwise trafficking and using as genuine are separately identified forms of conduct.
The accused need not personally use the article as genuine where another prohibited form of dealing is established.
Q40. Is mere possession automatically equivalent to trafficking?
Answer:
No.
Section 179 identifies several forms of dealing in counterfeit articles.
Mere possession should not automatically be treated as importing, exporting, selling, delivering, buying, receiving, trafficking or using as genuine.
Possession of counterfeit articles is separately addressed under Section 180, subject to that provision’s own requirements.
Part VIII — Using Counterfeit Articles as Genuine
Q41. What is meant by using as genuine under Section 179?
Answer:
Using as genuine means employing or presenting a forged or counterfeit article as though it were authentic.
For example, a person may knowingly present a counterfeit currency-note as genuine payment in a transaction.
Such conduct may fall within Section 179.
Q42. Must the counterfeit article actually be accepted as genuine?
Answer:
Section 179 expressly prohibits using counterfeit articles as genuine.
It does not separately state that the recipient must ultimately accept the article as authentic.
Whether the accused has completed the prohibited act of using as genuine must be assessed according to the facts.
Q43. Must someone actually suffer financial loss?
Answer:
No.
Actual financial loss is not an express statutory ingredient of Section 179.
The offence concerns the prohibited dealing or use and the required knowledge or reason to believe.
Q44. Must the accused obtain personal financial gain?
Answer:
No.
Personal financial gain is not an express statutory requirement.
The prosecution must establish the prohibited conduct and the required mental element.
Q45. Is using counterfeit currency in a transaction the only form of conduct covered?
Answer:
No.
Using as genuine is only one of the forms of conduct expressly identified in Section 179.
The provision also covers importing, exporting, selling, delivering, buying, receiving and otherwise trafficking.
Part IX — Knowledge and Reason to Believe
Q46. What mental element is required under Section 179?
Answer:
Section 179 requires that the accused know or have reason to believe that the relevant coin, stamp, currency-note or bank-note is forged or counterfeit.
Memory Formula:
KNOWLEDGE OR REASON TO BELIEVE
Q47. What is meant by knowledge under Section 179?
Answer:
Knowledge refers to awareness that the relevant article is forged or counterfeit.
The prosecution must establish the accused’s awareness from the evidence.
Q48. What is meant by reason to believe?
Answer:
Reason to believe refers to a legally sufficient basis for believing that a particular fact exists.
In Section 179, the relevant fact is the forged or counterfeit character of the article.
The expression should not automatically be equated with mere unsupported suspicion.
Q49. Is actual knowledge always necessary?
Answer:
No.
Section 179 expressly includes having reason to believe as an alternative.
Therefore, actual knowledge is not the only mental element recognised by the provision.
Q50. Is mere suspicion sufficient?
Answer:
Mere suspicion does not automatically establish knowledge or reason to believe.
The prosecution must establish the applicable statutory standard.
Q51. Is negligence alone sufficient?
Answer:
No.
Negligence alone does not automatically satisfy the statutory requirement of knowledge or reason to believe.
The relevant mental element must be established according to the facts.
Q52. How may knowledge or reason to believe be established?
Answer:
Knowledge or reason to believe may be assessed from the circumstances.
Relevant evidence may include the accused’s statements, communications, conduct and the circumstances surrounding the transaction or transfer.
However, the mere presence of counterfeit articles should not automatically be treated as conclusive proof of the required mental element.
Q53. Does Section 179 expressly require a separate intention to deceive in every form of conduct?
Answer:
The supplied statutory wording expressly requires knowledge or reason to believe that the article is forged or counterfeit.
It does not separately prescribe an additional universal intention-to-deceive requirement for every form of importing, exporting, selling, delivering, buying, receiving or trafficking.
The particular conduct alleged must nevertheless be established according to its statutory meaning.
This distinction is important when comparing Section 179 with Section 180.
Part X — Practical Illustrations
Q54. Illustration 1 — Importing counterfeit currency-notes
Answer:
A imports counterfeit currency-notes knowing that they are counterfeit.
A may be liable under Section 179 because importing counterfeit currency-notes with the required knowledge is expressly covered.
Q55. Illustration 2 — Exporting counterfeit coins
Answer:
B exports counterfeit coins having reason to believe that they are counterfeit.
B may be liable under Section 179 if the statutory ingredients are established.
Q56. Illustration 3 — Selling counterfeit bank-notes
Answer:
C sells counterfeit bank-notes to another person.
C knows that the notes are counterfeit.
C may be liable under Section 179.
Q57. Illustration 4 — Delivering counterfeit notes without payment
Answer:
D delivers counterfeit currency-notes to E without receiving money.
D knows that the notes are counterfeit.
D may be liable under Section 179 because delivery is expressly covered.
Q58. Illustration 5 — Buying counterfeit Government stamps
Answer:
F buys counterfeit Government stamps knowing that they are counterfeit.
F may be liable under Section 179 because buying is expressly included.
Q59. Illustration 6 — Receiving counterfeit coins
Answer:
G receives counterfeit coins from another person.
G has reason to believe that the coins are counterfeit.
G may be liable under Section 179 if the statutory requirements are established.
Q60. Illustration 7 — Using counterfeit currency as genuine
Answer:
H knowingly presents a counterfeit currency-note as genuine payment for goods.
H may be liable under Section 179 because the provision expressly covers using counterfeit currency as genuine.
Q61. Illustration 8 — Counterfeit note rejected by the recipient
Answer:
J knowingly presents a counterfeit bank-note as genuine.
The recipient immediately identifies it as counterfeit and refuses to accept it.
The absence of successful deception does not automatically exclude Section 179.
The relevant question is whether J performed the prohibited act of using the counterfeit note as genuine.
Q62. Illustration 9 — Unknowing receipt
Answer:
K receives a counterfeit currency-note in an ordinary transaction.
K does not know and has no reason to believe that the note is counterfeit.
The required mental element under Section 179 is absent.
Q63. Illustration 10 — Mere possession without prohibited dealing
Answer:
L possesses counterfeit bank-notes but does not import, export, sell, deliver, buy, receive from another person in the relevant transaction, otherwise traffic in or use them as genuine.
Mere possession should not automatically be treated as establishing Section 179.
Depending on the facts, Section 180 may require separate consideration.
Q64. Illustration 11 — No actual financial loss
Answer:
M sells counterfeit currency-notes knowing that they are counterfeit.
The authorities recover the notes before they are used.
No financial loss occurs.
Section 179 may still apply because actual financial loss is not an express statutory requirement.
Q65. Illustration 12 — No personal financial gain
Answer:
N delivers counterfeit coins to another person knowing that they are counterfeit.
N receives no payment or personal benefit.
Section 179 may still apply because delivery is separately covered and personal financial gain is not an express requirement.
Q66. Illustration 13 — A single counterfeit currency-note
Answer:
P knowingly uses one counterfeit currency-note as genuine.
Section 179 may apply because no minimum quantity is expressly prescribed.
Q67. Illustration 14 — Trafficking without personal use
Answer:
R participates in trafficking counterfeit bank-notes, knowing that they are counterfeit.
R does not personally present any note as genuine payment.
Section 179 may still apply because otherwise trafficking is expressly covered.
Q68. Illustration 15 — Genuine currency-notes
Answer:
S buys and sells genuine currency-notes in circumstances that do not involve forged or counterfeit articles.
Section 179 does not apply merely because currency-notes are involved.
The relevant article must be forged or counterfeit.
Part XI — Punishment and Classification
Q69. What is the punishment under Section 179 BNS?
Answer:
Section 179 prescribes imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and liability to fine.
The provision therefore contains two alternative forms of imprisonment.
The offender may be punished with imprisonment for life.
Alternatively, the offender may be punished with imprisonment of either description extending up to ten years.
The offender shall also be liable to fine.
Memory Formula:
SECTION 179 = LIFE IMPRISONMENT OR UP TO TEN YEARS + LIABILITY TO FINE
Q70. Does Section 179 permit life imprisonment?
Answer:
Yes.
Section 179 expressly provides imprisonment for life.
This reflects the seriousness with which the statute treats trafficking and other prohibited dealings in forged or counterfeit monetary and revenue articles.
Q71. What is the maximum fixed term of imprisonment under Section 179?
Answer:
The maximum fixed term of imprisonment is ten years.
The provision permits imprisonment of either description for a term extending up to ten years.
Q72. What is meant by imprisonment of either description?
Answer:
Imprisonment of either description refers to simple imprisonment or rigorous imprisonment.
Section 179 expressly uses this expression in relation to the alternative fixed term extending up to ten years.
Q73. Is fine also provided under Section 179?
Answer:
Yes.
Section 179 states that the offender shall also be liable to fine.
The fine is therefore expressly included in addition to the imprisonment alternatives.
Q74. Does Section 179 prescribe a fixed amount of fine?
Answer:
No fixed amount of fine appears in the supplied statutory wording.
The amount must be determined in accordance with the applicable law.
Q75. Is Section 179 cognizable or non-cognizable?
Answer:
According to the supplied classification, Section 179 is cognizable.
The police possess the powers associated with cognizable offences, subject to the applicable procedural law.
Classification: Cognizable.
Q76. Is Section 179 bailable or non-bailable?
Answer:
According to the supplied classification, Section 179 is non-bailable.
Bail is governed by the procedural provisions applicable to non-bailable offences.
Classification: Non-Bailable.
Q77. Which court is competent to try an offence under Section 179?
Answer:
According to the supplied classification, Section 179 is triable by the Court of Session.
Complete Classification:
COGNIZABLE + NON-BAILABLE + COURT OF SESSION
Part XII — Important Legal Distinctions
Q78. What is the difference between Section 179 and Section 180 BNS?
Answer:
Both provisions concern forged or counterfeit coins, Government stamps, currency-notes and bank-notes.
However, they address different conduct.
Section 179 — Dealing in or Using Counterfeit Articles
Section 179 concerns importing, exporting, selling, delivering, buying, receiving, otherwise trafficking in or using as genuine forged or counterfeit articles.
The accused must know or have reason to believe that the articles are forged or counterfeit.
Section 180 — Possession of Counterfeit Articles
Section 180 concerns possession of forged or counterfeit articles with knowledge or reason to believe and intention to use them as genuine or that they may be used as genuine.
Section 180 also contains an express Explanation concerning possession established to be from a lawful source.
Principal Difference
Section 179 focuses on prohibited dealing and use.
Section 180 focuses on possession accompanied by the specified intention.
Punishment Difference
Section 179: Life imprisonment, or imprisonment up to ten years, and liability to fine.
Section 180: Imprisonment up to seven years, or fine, or both.
Memory Formula:
179 = DEALING IN OR USING COUNTERFEIT ARTICLES
180 = POSSESSING COUNTERFEIT ARTICLES WITH INTENTION THAT THEY BE USED AS GENUINE
Q79. What is the difference between Section 179 and Section 181 BNS?
Answer:
Section 179 concerns prohibited dealings in forged or counterfeit articles themselves.
Section 181 concerns machinery, dies, instruments or materials intended for forging or counterfeiting those articles.
Principal Difference
Section 179 focuses on the counterfeit product.
Section 181 focuses on the equipment and materials intended for counterfeiting.
Memory Formula:
179 = COUNTERFEIT ARTICLES IN DEALING OR USE
181 = COUNTERFEITING EQUIPMENT AND MATERIALS
Q80. What is the difference between Section 179 and Section 182 BNS?
Answer:
Section 179 concerns forged or counterfeit coins, stamps, currency-notes and bank-notes, together with the specified forms of dealing or use and the required knowledge or reason to believe.
Section 182 concerns documents purporting to be or resembling currency-notes or bank-notes, and the making, causing to be made, use or delivery of those documents.
The offences therefore have different statutory ingredients and punishments.
Q81. Is actual use as genuine necessary under every limb of Section 179?
Answer:
No.
Section 179 expressly includes several forms of conduct apart from using as genuine.
Importing, exporting, selling, delivering, buying, receiving and otherwise trafficking are separately identified.
The prosecution must establish the particular conduct alleged.
Q82. Is the intention requirement under Section 179 identical to that under Section 180?
Answer:
No.
Section 179 expressly requires knowledge or reason to believe that the article is forged or counterfeit.
Section 180 expressly requires knowledge or reason to believe together with intention to use the article as genuine or that it may be used as genuine.
Therefore, the statutory ingredients should not be treated as identical.
Q83. Can one factual situation raise questions under both Sections 179 and 180?
Answer:
Yes, depending on the circumstances.
For example, a person may possess counterfeit currency-notes with the intention that they be used as genuine and subsequently sell or deliver them to another person.
The possession may raise a question under Section 180.
The sale or delivery may raise a question under Section 179.
Each provision must be assessed according to its own statutory ingredients.
Part XIII — Legislative Position Under the BNS
Q84. What are the IPC equivalents of Section 179 BNS?
Answer:
According to the supplied commentary, Section 179 BNS corresponds to Sections 239, 240, 241, 260 and 489B IPC.
The BNS provision consolidates several related forms of conduct involving forged or counterfeit articles.
Memory Formula:
BNS 179 = IPC 239 + 240 + 241 + 260 + 489B
Q85. Has Section 179 been rephrased under the BNS?
Answer:
Yes.
According to the supplied commentary, Section 179 has been rephrased.
The provision brings together the relevant conduct previously addressed by the corresponding IPC sections.
Q86. From which IPC provision has the punishment under Section 179 been adopted?
Answer:
According to the supplied commentary, the punishment under Section 179 has been borrowed from Section 489B IPC.
The punishment is imprisonment for life, or imprisonment of either description extending up to ten years, and liability to fine.
Q87. Why is Section 179 significant from a legislative drafting perspective?
Answer:
Section 179 brings several forms of dealing in forged or counterfeit articles into a single provision.
The conduct includes importing, exporting, selling, delivering, buying, receiving, otherwise trafficking and using as genuine.
The provision therefore presents a consolidated statutory framework for addressing the circulation of counterfeit monetary and revenue articles.
Q88. Does Section 179 correspond exclusively to Section 489B IPC?
Answer:
No.
Although the supplied commentary states that the punishment has been borrowed from Section 489B IPC, it identifies five corresponding IPC provisions.
These are Sections 239, 240, 241, 260 and 489B IPC.
Therefore, Section 179 should not be memorised as corresponding exclusively to Section 489B IPC.
Key Provisions (Study Notes)
1. Nature of the Offence
Section 179 criminalises specified dealings in or use as genuine of forged or counterfeit coins, Government stamps, currency-notes and bank-notes.
2. Relevant Articles
Forged or counterfeit coins.
Forged or counterfeit Government stamps.
Forged or counterfeit currency-notes.
Forged or counterfeit bank-notes.
3. Importing
Bringing the relevant counterfeit articles into a country or territory.
4. Exporting
Sending or taking the relevant counterfeit articles out of a country or territory.
5. Selling
Selling the relevant counterfeit articles.
6. Delivering
Delivering the relevant counterfeit articles to another person.
7. Buying
Purchasing the relevant counterfeit articles.
8. Receiving
Receiving the relevant counterfeit articles from another person.
9. Otherwise Trafficking
Other forms of trafficking in the relevant counterfeit articles.
10. Using as Genuine
Using the counterfeit article as though it were authentic.
11. Required Mental Element
Knowledge or reason to believe that the article is forged or counterfeit.
12. Personal Manufacture
Not expressly required.
13. Personal Use as Genuine
Not required under every form of prohibited conduct.
14. Actual Financial Loss
Not expressly required.
15. Personal Financial Gain
Not expressly required.
16. Punishment
Imprisonment for life, or imprisonment of either description extending up to ten years, and liability to fine.
17. Classification
Cognizable.
Non-bailable.
Triable by the Court of Session.
18. IPC Equivalents
Sections 239, 240, 241, 260 and 489B IPC.
19. Legislative Change
According to the supplied commentary, Section 179 has been rephrased to consolidate the corresponding IPC provisions.
20. Source of Punishment
According to the supplied commentary, the punishment has been borrowed from Section 489B IPC.
Quick Revision Notes
Section: 179 BNS.
Title: Using as Genuine, Forged or Counterfeit Coin, Government Stamp, Currency-Notes or Bank-Notes.
IPC Equivalents: Sections 239, 240, 241, 260 and 489B IPC.
Protected Interest: Integrity of coins, Government stamps, currency-notes and bank-notes.
Relevant Articles: Forged or counterfeit coins, stamps, currency-notes and bank-notes.
Prohibited Acts: Importing, exporting, selling, delivering, buying, receiving, otherwise trafficking and using as genuine.
Knowledge or Reason to Believe Required: Yes.
Personal Manufacture Required: No.
Personal Use as Genuine Required Under Every Limb: No.
Actual Financial Loss Required: No express requirement.
Personal Financial Gain Required: No express requirement.
Minimum Quantity Required: No express requirement.
Life Imprisonment Available: Yes.
Alternative Maximum Imprisonment: Ten years.
Fine: Offender shall also be liable to fine.
Cognizability: Cognizable.
Bailability: Non-bailable.
Trial Court: Court of Session.
Punishment Borrowed From: Section 489B IPC, according to the supplied commentary.
Exam Traps
Trap 1 — Section 179 applies only to counterfeit currency-notes.
Incorrect.
It also covers forged or counterfeit coins, stamps and bank-notes.
Trap 2 — Section 179 applies only to using counterfeit articles as genuine.
Incorrect.
It also covers importing, exporting, selling, delivering, buying, receiving and otherwise trafficking.
Trap 3 — The accused must personally manufacture the counterfeit article.
Incorrect.
Personal manufacture is not an express requirement.
Trap 4 — Actual knowledge is the only relevant mental element.
Incorrect.
The provision also recognises having reason to believe.
Trap 5 — Mere unsupported suspicion is automatically sufficient.
Incorrect.
The statutory standard of knowledge or reason to believe must be satisfied.
Trap 6 — Importing counterfeit currency is punishable only if the notes are later circulated.
Incorrect.
Importing is separately covered.
Trap 7 — Exporting counterfeit articles is not covered.
Incorrect.
Exporting is expressly included.
Trap 8 — Selling counterfeit articles is the only form of transfer covered.
Incorrect.
Delivery is separately included.
Trap 9 — Delivery requires payment.
Incorrect.
Delivery is not expressly restricted to a sale.
Trap 10 — Buying counterfeit articles is not covered.
Incorrect.
Buying is expressly included.
Trap 11 — Receiving counterfeit articles is not covered.
Incorrect.
Receiving is expressly included.
Trap 12 — Trafficking is necessarily limited to international movement.
Incorrect.
The supplied statutory wording does not impose that limitation.
Trap 13 — Personal use as genuine is required for every form of conduct.
Incorrect.
The provision identifies several independent forms of prohibited dealing.
Trap 14 — Actual financial loss must be established.
Incorrect.
Actual financial loss is not an express statutory ingredient.
Trap 15 — Personal financial gain must be established.
Incorrect.
Personal financial gain is not an express statutory requirement.
Trap 16 — A large quantity of counterfeit articles is necessary.
Incorrect.
No minimum quantity is expressly prescribed.
Trap 17 — Mere possession automatically establishes Section 179.
Incorrect.
Section 179 requires one of the specified forms of dealing or use.
Possession is separately addressed under Section 180.
Trap 18 — Section 179 and Section 180 have identical statutory ingredients.
Incorrect.
Section 179 focuses on prohibited dealing or use with knowledge or reason to believe.
Section 180 focuses on possession with knowledge or reason to believe and the specified intention concerning use as genuine.
Trap 19 — Section 179 prescribes imprisonment up to seven years only.
Incorrect.
The provision permits imprisonment for life or imprisonment extending up to ten years, together with liability to fine.
Trap 20 — Life imprisonment is not available under Section 179.
Incorrect.
Life imprisonment is expressly provided.
Trap 21 — Section 179 prescribes fine only.
Incorrect.
It prescribes serious imprisonment alternatives and liability to fine.
Trap 22 — Section 179 is non-cognizable.
Incorrect.
According to the supplied classification, it is cognizable.
Trap 23 — Section 179 is bailable.
Incorrect.
According to the supplied classification, it is non-bailable.
Trap 24 — Section 179 is triable by any Magistrate.
Incorrect.
According to the supplied classification, it is triable by the Court of Session.
Trap 25 — Section 179 corresponds only to Section 489B IPC.
Incorrect.
The supplied commentary identifies Sections 239, 240, 241, 260 and 489B IPC.
Trap 26 — The punishment under Section 179 was borrowed from Section 489C IPC.
Incorrect.
According to the supplied commentary, the punishment was borrowed from Section 489B IPC.
Trap 27 — Section 179 and Section 181 address identical conduct.
Incorrect.
Section 179 concerns dealing in or using counterfeit articles.
Section 181 concerns counterfeiting equipment and materials.
Final Memory Formula
SECTION 179 — USING AS GENUINE, FORGED OR COUNTERFEIT COIN, GOVERNMENT STAMP, CURRENCY-NOTES OR BANK-NOTES
FORGED OR COUNTERFEIT COIN, STAMP, CURRENCY-NOTE OR BANK-NOTE
- ●
IMPORT
OR
EXPORT
OR
SELL
OR
DELIVER
OR
BUY
OR
RECEIVE
OR
OTHERWISE TRAFFIC
OR
USE AS GENUINE
- ●
KNOWLEDGE OR REASON TO BELIEVE THAT THE ARTICLE IS FORGED OR COUNTERFEIT
=
SECTION 179 BNS
PUNISHMENT
LIFE IMPRISONMENT
OR
IMPRISONMENT OF EITHER DESCRIPTION UP TO TEN YEARS
AND
LIABILITY TO FINE
CLASSIFICATION
COGNIZABLE + NON-BAILABLE + COURT OF SESSION
IPC EQUIVALENTS
239 + 240 + 241 + 260 + 489B
SOURCE OF PUNISHMENT
SECTION 489B IPC
DISTINCTION FROM RELATED SECTIONS
179 = DEALING IN OR USING FORGED OR COUNTERFEIT ARTICLES.
180 = POSSESSION OF FORGED OR COUNTERFEIT ARTICLES WITH INTENTION THAT THEY BE USED AS GENUINE.
181 = COUNTERFEITING MACHINERY, DIES, INSTRUMENTS OR MATERIALS.
182 = MAKING OR USING DOCUMENTS RESEMBLING CURRENCY-NOTES OR BANK-NOTES.
Key Takeaway
Section 179 of the Bharatiya Nyaya Sanhita, 2023 criminalises importing, exporting, selling, delivering, buying, receiving, otherwise trafficking in or using as genuine forged or counterfeit coins, Government stamps, currency-notes or bank-notes.
The prosecution must establish that the relevant article is forged or counterfeit, that the accused performed one of the prohibited acts, and that the accused knew or had reason to believe that the article was forged or counterfeit.
The provision is not confined to persons who personally manufacture counterfeit articles or personally use them as genuine.
It also addresses persons who participate in their movement, transfer, trade or distribution.
Actual financial loss and personal financial gain are not express statutory requirements.
Similarly, the accused need not personally use the article as genuine where another prohibited form of dealing is established.
The punishment is imprisonment for life, or imprisonment of either description for a term extending up to ten years, and liability to fine.
According to the supplied classification, the offence is cognizable, non-bailable and triable by the Court of Session.
According to the supplied commentary, Section 179 BNS corresponds to Sections 239, 240, 241, 260 and 489B IPC.
The provision has been rephrased to consolidate those earlier provisions, while the punishment has been borrowed from Section 489B IPC.
Final Memory Line:
179 = COUNTERFEIT COIN, GOVERNMENT STAMP, CURRENCY-NOTE OR BANK-NOTE + IMPORT, EXPORT, SELL, DELIVER, BUY, RECEIVE, TRAFFIC OR USE AS GENUINE + KNOWLEDGE OR REASON TO BELIEVE = LIFE IMPRISONMENT OR UP TO TEN YEARS + LIABILITY TO FINE.
