BNS Section 187: Person Employed In Mint Causing Coin To Be Of Different Weight Or Composition From That Fixed By Law

Definition of BNS Section 187

Section 187 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, being employed in any mint lawfully established in India, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”

Explanation and Illustration of BNS Section 187

What is a mint?
This section is very specifically directed towards any person employed in an authorised and registered mint. A mint is a manufacturing unit where coins are manufactured.

Coins are minted by the Security Printing and Minting Corporation of India Limited (SPMCIL) which engages in the manufacture / production of all government documents and articles including currency and banknotes, security paper, non-judicial stamp papers, postage stamps and stationery, travel document viz., passport and visa, security certificates, cheques, bonds, warrants, special certificates with security features, security inks, circulation and commemorative coins, medallions, refining of gold, silver and assay of precious metals, etc.

Currently, the SPMCIL operates four mints in India, being in Mumbai, Kolkata, Hyderabad, and Noida.Hyderabad, Mumbai and Kolkata mints have gold assaying facilities and the Mumbai mint produces standardised weights and measures. Mumbai Mint has a state-of-the-art gold refining facility up to 999.9. Hyderabad Mint has electrolytic silver refining facility up to 999.9. Commemorative coins are made in Mumbai and Kolkata. Kolkata and Hyderabad have facilities for making medallions, too. These are the medals issued by the government for various awards, both civil and military. The Noida mint was the first in the country to mint coins of stainless steel.

Each currency coin minted in India (and anywhere in the world) has a special mint mark on it to identify the mint. Mumbai Mint has a diamond under the date of the coin (year of issue). The proof coins from this mint have a mint mark 'B or 'M'. Kolkata Mint has no mark under the date of the coin (year of issue). Or it has a 'C' mark. It was unique because it had not chosen any mark because this mint is the first mint in India. Hyderabad Mint has a star under the date of the coin (year of issue). The other mint marks from Hyderabad include a split diamond and a dot in the diamond. Noida mint has a dot under the year of issue (coin date).

How a mint works?
Currency is usually made in a unique way that makes it almost impossible to replicate. Its unique attributes may be instilled through many ways, including having hidden indicators in the design of the currency and usage of restricted raw materials. The usage of restricted material is usually very effective as the government can control the supply of such material in the market and keep a check on the inventory. Currency notes are made out of a unique strain of cotton which is processed through a highly secretive process to achieve the texture and tensile strength that notes usually possess. Similarly, coins are made out of a unique alloy that contains very specific measurements and proportions of metals which are then cast into coins using a die that is again made only by government order and only through specific, authorised manufacturers.

The RBI places an annual indent for this purpose and the Government of India draws up the production programme for the India Government Mints on the basis of the indent. The composition of this alloy is unique and secretive and holds the key to identifying a fake coin from a genuine one. So the accuracy of the composition is critical to the production of coins and cannot be tampered with under any circumstances. The people who have most access to this crucial machinery are the staff of these mints. This particular section of the BNS is applicable to only employees of the mints where these coins are made.

The activities of each employee are clearly defined and segregated from other activities that are unrelated to the role defined for a particular position in the organisation. And so, the section of this act clarifies in that tone that, anyone employed in any mint lawfully established in India, does any act, or omits what he is legally bound to do, shall be prosecutable. This means, any deviation from the specifically defined tasks shall be held accountable under this section. But for the purpose of this section, the said deviation has to have a very specific consequence, which is, causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law. So if the deviation from the duty leads to a manipulation or mutation to the composition of the alloy, as fixed by the law, that is used for minting coins, then such action will attract the provisions of section 187 and can be penalised with a prison sentence that may extend upto seven years along with a mandatory fine as deemed fit by the presiding judge.

But most important to all of these is that the act has to be done with the intention. This means that the action has to be intentional and that the deviation from the defined duties was done specifically with the intention of causing a disruption in the composition of minted coins. If such an action was done unknowingly then it cannot be considered an offence under section 187. For instance if a man negligently causes the coins to be minted with the wrong composition, it cannot be considered as an act done with the intention of causing the coin to be issued with the wrong composition. The act has to be deliberate and calculated.

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