Counterfeiting Indian Coin - Section 232
Chapter XII of Indian Penal Code, 1860 deals with Offences relating to Coin and Government Stamps. As per Section 230, Coin is a metal used as money which is stamped and issued by the authority of some State or Sovereign Power so that it can be used. Indian Coin is a metal coin stamped and issued by the authority i.e Government of India and should be used as a money. As per this Chapter, Indian Coin should be issued and used and notwithstanding that it may be ceased to be used as money. It contains from Section 230 to Section 263A. This blog deals with Section 232 of IPC. Section 232 explains that whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be liable for punishment. To understand this Section we need to understand the meaning of counterfeit money. Counterfeit money means currency which is produced without the legal sanction of the State or Government. This is done deliberately to imitate the currency such that it can deceive the recipient of that currency. Consult the best lawyer online The following cannot be termed as coin: Coweries Lumps of unstamped copper though used as coin Medals cannot be termed as coin as it is not used as money The following can be termed as coin: The coin denominated as the Company’s rupee The Farukhabad rupee which was formerly used as money under the authority of Government of India is Indian Coin but now it is no longer in use Essentials of Section 232 of IPC This Section talks about whoever knowingly counterfeits or participates at any stage in the process of counterfeiting of Indian Coins as an offender under the code or a person who has committed an offence under IPC. This Section not only punishes counterfeiting Indian Coin but also punishes the performing any part of the process of counterfeiting Indian Coin knowingly. Here knowingly means the mens rea of the offender (i.e. intention or knowledge of wrongdoing in mind) for that precaution should be taken. Performing any part of the process means even if that work remains partly incomplete or unfinished is applicable in this Section. The offender need not have completed the process of making or counterfeiting Indian Coins. Even if they are caught in the early process or in mid stage of making such Coins, they will be liable for punishment under this Section. Punishment of Section 232 IPC The punishment of such offence is Imprisonment of life or for a term which may extend to ten years and shall also be liable to pay fine. Nature of Section 232 IPC Offences under this Section may be Cognizable which means the offences for which a police officer can arrest a person without warrant. Offences under this Section may be Non-Bailable. This means that the grant of bail is not the matter of right. Here the accused will have to apply to the court, and the Court will decide whether to grant bail or not. These offences are Non-Compoundable that means there cannot be settlement made by the complainant and the accused to drop the charges laid down. Section 232 IPC can be tried in the Court of Session. The Ministry concerned with this offence would be the Ministry of Home Affairs and the department in this offence is the Department of Internal Security.
Ingredients of Section 232:
A person should have counterfeited the Indian Coin.
A person should have knowingly performed any part of the process of counterfeiting Indian Coin.
Some Famous Judgements:
Shahid Sultan Khan V/s State of Maharashtra, 2006
The facts of the case was that Thane Crime Branch was informed about an illegal manufacturing of Indian Coins was being carried out in Kaniz Apartment in Mumbra on 1.05.2001. On that premises raid took place and the appellant and original accused no. 2 were caught on that day. As per the prosecution, the process of manufacturing of counterfeit coins of denomination of Rs. 5 was found. The following materials seized from the flat were the equipment and machinery used for counterfeiting coins, the coins, the raw material which was in molten state in a vessel on the stove. A punchnama was made on both the accused and were taken to the police station and a complaint was lodged. Further investigation took place. Accused no. 1 had challenged the judgement of Adhoc Additional District Judge, Thane as he was convicted under Section232 of IPC and sentenced to rigorous imprisonment for life and under Section 235 of IPC and sentenced to imprisonment for 10 years and a fine of Rs. 50000.
The prosecution could not establish charge under Section 232 and 235 of IPC which was that the coins seized resembled the original and that the resemblance would deceive a person. These basic ingredients for proving the offence punishable are absent in the present case. Therefore the court held that due to lack of evidence to prove the prosecution’s case, entitled the accused to acquittal. Due to this the conviction and sentence under Section 232 and 235 of the Indian Penal Code is set aside. The appellant who was in jail was also released.
Ibrahim v/s State 1969 , 2009
Kailash Chand counterfeited Indian Coins of the denomination Rs. 5 and Rs. 2 or knowingly performed any part of the process of counterfeiting coins. Metallic pieces and hydraulic pressure machines were also recovered from the accused.
The prosecution was not able to prove that the accused had counterfeited Indian Coins and was possessing any instrument or material for counterfeiting. This shows that it cannot be said that counterfeit coins could be minted by using the round metallic pieces on the said hydraulic pressure machine. The prosecution failed to prove the offence under Section 232 and 235 of IPC against the accused and was acquitted for the same.
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How can you file/defend your case for Section 232 of IPC?
Since Section 232 IPC is a Cognizable Offence, the victim should first go to the police station and file an FIR which is free of cost.
The police will then investigate the matter and might arrest the accused if they find enough proof. If no evidence is found the case will not proceed.
After investigation, a charge sheet would be prepared in which all the records would be mentioned.
The case will then be taken to court where both the parties will be heard through their lawyers and the judgment will be given.
Through Lawtendo you can connect to an appropriate lawyer who will help in filing or defending your case for the offence under Section 232 of IPC. We, at Lawtendo, provide around 15000+ Lawyers all over the Country on our Online Platform. We provide Cost Effective and Quality Legal Services.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Counterfeiting Indian Coin | Imprisonment for life which may also extend to 10 years and fine | Cognizable | Non-bailable | Court of sessions |
| Offence | Counterfeiting Indian Coin |
|---|---|
| Punishment | Imprisonment for life which may also extend to 10 years and fine |
| Cognizance | Cognizable |
| Bail | Non-bailable |
| Triable By | Court of sessions |
