BNS Section 180: Possession Of Forged Or Counterfeit Coin, Government Stamp, Currency-Notes Or Bank-Notes

Definition of BNS Section 180

Section 180 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever has in his possession any forged or counterfeit coin, stamp, currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation.—If a person establishes the possession of the forged or counterfeit coin, stamp, currency-note or bank-note to be from a lawful source, it shall not constitute an offence under this section.”

Explanation and Illustration of BNS Section 180

This section talks about the specific offence of possessing a counterfeit coin, revenue stamp, currency note or a bank note and the provisions for such a crime. However, we must first understand the definition of the crime as per the section. There are three aspects to the offence covered under this section.

Possession - This refers to the physical possession of a counterfeit coin, revenue stamp, currency note or bank note. Physical possession refers to carrying it in person as well as having it stored somewhere else through personal capacity. So even if a person is not found personally carrying the coin, stamp or note, but such counterfeit articles are found within the premises of any property owned, registered or leased in the name of that person, he / she can be held accountable under section 180.

For instance, if a person is found carrying a counterfeit coin, stamp or note, he or she can be said to be in possession of counterfeit currency / stamps. But, say, if the counterfeit currency / stamp is found in the car, or house or a locker that is owned, registered or leased in the name of that person, they can still be prosecuted under section 180.

Knowledge - Further to the above criteria, the person who is found in possession of the fake / counterfeit currency has to be aware that such coin, stamp or note is fake. Lack of knowledge that the counterfeited articles are recuses a party from being prosecuted under section 180. Furthermore, the section also clarifies that ‘having a reason to believe’ also constitutes ‘knowing’. So, if it is established that there was enough reason for any reasonable person to have understood that the articles are counterfeit and the lack of knowledge is due to the person’s gross negligence, they cannot feign ignorance as a defence and will be prosecuted under this section.

Intention - The third criteria that completes the offence under section 180 is intent. Not only should the person be in possession of the counterfeit currency / stamp and have knowledge of its counterfeit nature. The person should also have an intent to use the fake currency / stamp to deceive someone into believing that such counterfeit articles are genuine. This section deals only with possession, which means the act of using the counterfeit articles as genuine has not been done. And hence, it is important for the prosecution to establish that there was an intention to commit a crime using these articles. Merely possessing these counterfeit articles without intending to use them is like possessing a knife without having any intention of hurting anyone with it.

For instance if a person is caught with possession of fake currency but can prove that it was meant for use in a film shooting or a dramatic representation, they cannot be punished for possession under section 180.

• Explanation - The section further clarifies that if the note found in possession comes from a lawful source, they cannot be prosecuted for the crime under this section. In other words, if the note came into the possession through a lawful transaction, then the person in possession cannot be held accountable. For instance a fake coin given as change from a genuine store or shop cannot, fake notes withdrawn from ATM cannot be the responsibility of the person in possession of these counterfeit articles. Similarly, a fake revenue stamp acquired from a registered vendor cannot be the responsibility of the buyer and hence is not prosecutable under section 180.

• Punishment - The punishment for offences under section 180 is a prison sentence that can extend up to 7 years along with a mandatory fine as deemed appropriate by a judge depending on the facts of the case and the consequences of its commission. That actual act of using counterfeit currency is covered under Section 179. This section is intended for those who have been caught before actually using the counterfeit articles as genuine and the provisions for such an act. And hence the punishment is slightly lighter than it is for actually using the counterfeit articles to secure a commercial transaction.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.