BNS Section 188: Unlawfully Taking Coining Instrument From Mint

Definition of BNS Section 188

Section 188 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, without lawful authority, takes out of any mint, lawfully established in India, any coining tool or instrument, 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 188

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 usage of specialised machinery, having hidden indicators in the design of the currency and usage of restricted raw materials. The usage of restricted machinery is usually very effective as the government can control the manufacture and supply of such machinery in the market and keep a check on the inventory. Each machinery is manufactured to be able to produce special issue government articles with unique designs and indicators. It is these designs and indicators that act as identifiers between fake currency and genuine one. Hence, such machinery is kept in prohibited areas and is heavily guarded so as to restrict public access to such machinery. Section 188 is specifically provided to separate normal theft from theft of such machinery.

Anyone found to be moving or in possession of any machinery or tool made specifically for the purpose of minting coins on the premises of a lawfully established mint and does not possess any official permission or authority to move or possess such machinery shall be prosecuted under the provisions of section 188. If the offence is proven to be true, then the person or persons shall be imprisoned for a period that may extend up to seven years and will also attract a mandatory fine.

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