Deergh Uppal
Money and government seal counterfeiting has become a worldwide epidemic in recent years. In booming economies, especially those like India, the problem is serious. India is vulnerable to counterfeiting since it shares its borders with seven other countries. As a result, India’s economic development is hindered.
Hence, while the law of the land offers a wide range of remedies against counterfeiting by various legislative enactments, it lacks a substantive enactment on counterfeiting.
Chapter XII of the Indian Penal Code contains up to 35 sections dealing with counterfeiting, debasing, or altering coins, trading in counterfeiting and spurious coins, and government stamps.
Indian coin: Meaning and Characteristics
A coin is a piece of metal or alloy that is commonly used as a form of legal tender or a means of trade. They are used to promote exchange by being standardized in weight and composition. Much of the time, they are provided by the sovereign’s government.
The Indian coin is described by the Code as “metal stamped and issued by the authority of the Government of India in order to be used as currency; and metal so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, even though it has ceased to be used as money.” As a result, a metal that isn’t used as currency isn’t a coin.
Hence, the primary characteristics of the Indian coin are:
- It must be made up of metal.
- Be stamped.
- It must be issued by the authority of the Government of India.
- Must be issued for the purpose of it being used as money.
- Need not be current or be used as money.
Offences relating to coins and Government Stamps
Counterfeiting coin
The Indian Penal Code has no definition for a counterfeit coin. A counterfeit coin, according to Section 28 of the British Forgery and Counterfeiting Act, 1981, is a coin that lacks genuineness but resembles or is obviously intended to imitate a real or existing coin, and has been –
- Gilt, or
- Severed, or
- Washed, or
- Colored or cast over, or
- Altered in any manner for resembling any current coin of higher denomination.
Anyone who counterfeits or intentionally engages in the counterfeiting operation is subject to either stringent or easy incarceration for up to 7 years, as well as a fine, according to Section 231. If a person causes a legitimate coin to mimic a different coin with the intention to defraud or believing that it would cheat, then he is considered to have committed the crime of counterfeiting coins. The offence is cognizable, non-bailable, non-compoundable, and triable by a 1st Class Magistrate in this act.
Counterfeiting Indian Coin
According to Section 28 of the Code,“ a person is said to counterfeit if he causes one object to imitate another thing, planning to conduct deception by means of that resemblance, or expecting it to be possible that deception would be performed by means of that resemblance.”
Furthermore, the reasons clarify that the similarity of the counterfeited Indian Coin does not have to be identical, and that the motive of the individual who committed the act can be assumed unless proven otherwise.
In the case of State of Uttar Pradesh v HM Ismail[1], it was established that a counterfeit coin’s similar resemblance to a legitimate coin is adequate for it to be circulated as such. An individual who counterfeits or intentionally engages in the counterfeiting of an Indian coin is sentenced to life in prison or ten years in prison with a fine under Section 232 of IPC. This section lays down the penalties on all individuals who perform the crime of counterfeiting Indian coins and those who assist in the commission of the offence.
Furthermore, the simple intent to cheat or experience of deceit is necessary for the crime of counterfeiting, rather than genuine dishonesty or theft. The nature of the crime is inferred by the closeness of imitation: purpose or awareness. As a result, plain deceit is insufficient to lead to the commission of this crime; deception with the intent or intelligence to deceive is required.
The counterfeit coins may not have to be made with the primary intention of being passed off as legitimate under this clause. It is sufficient that the counterfeit coin has such a similar resemblance to genuine coin that it may be mistaken for the real thing.
Acts of counterfeiting: Punishable under the Code
Making or selling counterfeit coins, preparation thereof, possession of instruments or material for use of counterfeit coins, possession with intent to deceive or knowledge of deception likely to be practiced, importing and exporting certain Indian coins, and, most importantly, the act of delivering counterfeit coins to others are all punishable under the Code.
Possession of instrument or material for counterfeiting Indian coin
Any person in possession of an instrument or material with the motive, information, or cause to suspect that it is being used to counterfeit an Indian coin faces a sentence of up to ten years in prison and a fine. As a result, mere acts of planning for counterfeiting Indian coins are punishable under sections 234 and 235 of the IPC.
Furthermore, this provision punishes the possession of counterfeiting materials for the purpose of counterfeiting, not the mere possession of counterfeiting materials. Possession implies the deliberate and willful retention of an object, but simple possession does not constitute an offence until the court may show that the accused wanted to use the object to counterfeit an Indian coin.
Import or export of counterfeit Indian coin
Section 238 of the IPC states that anyone who intentionally or with cause to suspect imports or exports from India is subject to a ten-year sentence of imprisonment.
Possession of counterfeit coins
Possession of any counterfeit Indian coin by a person who knew at the time of possession that it was counterfeit and could be used to defraud someone is punishable under Section 243 of the Code by imprisonment for not more than seven years and a fine. This means that an individual who acquires a counterfeit coin without knowledge and then proceeds to own it to pass it on to another cannot be found accountable because he was unaware of its falsity at the time. Anyone’s possession is not criminal in nature.
Intent to defraud
- Obtaining ownership with knowledge
Someone who comes into possession of a counterfeit Indian coin with knowledge of it and fraudulently or with the intent to commit fraud delivers or tries to persuade anyone to obtain it will face a punishment of up to ten years in jail and a fine.
- Obtaining possession of counterfeit products without being aware of their presence
Anyone who obtains counterfeit coins without understanding they are counterfeit and attempts to supply or persuade another person to collect them as legitimate faces a penalty of up to two years in jail or a fine of up to ten times the worth of the counterfeited Indian coins, or both.
Alteration of coin
Any person who, with the intent to defraud, commits any act that reduces the weight or alters the composition of any Indian coin shall be punishable by imprisonment for not more than 7 years and a fine. In addition, anybody who tampers with the presentation of a coin with the intent of passing it off as one with a certain description is liable to imprisonment of any description for a period not exceeding 7 years and a fine.
Similarly, section 251 of the Code punishes a person who, with knowledge, obtains certain Indian coins for the purpose of defrauding, delivers or tries to compel the person to receive the delivery with a term of imprisonment not exceeding ten years and a fine.
It is close to the rules governing the possession and distribution of fake Indian coins. Possession and distribution of altered coins is also punishable if the individual obtains possession with knowledge of the coin’s weight, shape, or appearance being altered and deliveries it as legitimates or tries to persuade another person to acquire the altered coin.
Possession is punishable by up to 5 years in prison and a fine, while shipping those altered coins is punishable by up to 10 years in prison and a fine. However, it is important that the person in possession of the altered coin was conscious that it had been altered and not otherwise.
Often, anyone who receives such an Indian coin without knowing it has been tampered with and delivers it with the intent or knowledge of committing or attempting to commit fraud is subject to a sentence of not more than two years in prison and a fine of up to ten times the value of the coin being passed or attempted to be passed, and mere possession does not make him a criminal act as described by law.
An individual who buys spurious or altered coins for the sake of collecting them is not committing a crime because he has no intention of defrauding anybody.
Conclusion
Thus, based on the understanding of the meaning of counterfeiting Indian coins and counterfeiting Government stamps, as well as the essentials and characteristics of the two offences, it can be easily deduced that rea or mental purpose is necessary for the commission of the counterfeiting offence. It is the foundation for holding someone accountable for all the offences.
Furthermore, it is incorrect to believe and conclude that only crimes related to counterfeiting are punishable; in fact, it encompasses a wide range of offences and punishes for many acts in the preparatory stage.
The law makes it illegal to build instruments or materials that can be used to forge Indian coins. Furthermore, the IPC imposes severe penalties on any act of counterfeiting, emphasizing the importance of prohibiting the counterfeiting of Indian coins and government stamps.
The chapter on coins and government stamps is particularly important because it aids in the containment of frauds involving the medium of trade, including coins, and prevents people from gaining an unfair benefit by fraudulent practices.
- State of Uttar Pradesh v HM Ismail AIR 1960 SC 669 ↑
REFERENCES:
- Indian Penal Code.
- Indian penal code by Ratanlal and Dhirajlal
- Offences relating to coin and Government stamps
- Counterfeiting the Indian Coins and Government Stamps