BNS Section 180

Section 180 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offence of possessing forged or counterfeit coin, Government stamp, currency notes, or bank notes.
Whoever has in his possession any forged or counterfeit coin, stamp issued by Government for the purpose of revenue, 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.

Key Points:
Offense of Possession:
This section addresses individuals who are in possession of any forged or counterfeit items, such as:
Coins,
Government stamps (used for revenue),
Currency notes or bank-notes.
The offense occurs when the person knows or has reason to believe that these items are forged or counterfeit, and they intend to use them as genuine or allow them to be used as genuine.

Intention to Use or Circulate:
The individual must have the intention to:
Use these counterfeit items as if they were genuine, or
Allow or facilitate their use by others as genuine.
Merely possessing such items without intent to use them as genuine may not lead to prosecution unless there is a clear intention to defraud.

Punishment:
The punishment for this offense includes:
Imprisonment of either description (rigorous or simple) for a term that may extend to seven years.
Additionally, the person may also be liable to a fine.
Both imprisonment and fine can be imposed depending on the severity of the offense.

Elements of the Crime:
Possession: The accused must be found to have physical or constructive possession of the counterfeit or forged items.
Knowledge: The accused must be aware that the items are counterfeit or forged or have reason to believe that they are not genuine.
Intention: The individual must have the intention to use or allow these items to be used as if they are authentic.

What Constitutes Forged or Counterfeit:
Forged refers to items that have been fraudulently created or altered to appear genuine.
Counterfeit refers to items that imitate genuine items but are fake, often created with the intent to deceive.

Protection of Economic and Revenue Systems:
This section is designed to protect the integrity of the currency system, government revenue, and financial stability by making the possession of counterfeit currency and stamps a serious criminal offense.
It helps to prevent fraudulent transactions and illegal circulation of counterfeit money or stamps, which can harm the economy and public trust.

Scope:
The section applies to any individual found in possession of counterfeit currency, whether it is Indian or foreign currency or stamps issued for revenue purposes.
Reason to believe means that there must be circumstantial evidence or red flags that should have alerted the person to the counterfeit nature of the items.

Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.