BNS Section 182

Section 182 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the making or using documents resembling currency-notes or bank-notes.

(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to three hundred rupees.

(2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to six hundred rupees.

(3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that the person caused the document to be made.

Key Points:
Offense of Making or Using Fake-Looking Documents:
This section focuses on punishing those who create, use, or deliver any document that resembles or imitates a currency-note or bank-note.
The purpose of the section is to prevent the circulation of documents that could be mistaken for real currency due to their resemblance, which could lead to fraud or deception.

Punishment:
The penalty for making, using, or delivering such a document is a fine that may extend up to three hundred rupees.
The offense is considered less severe than actual counterfeiting but is still a punishable act because of its potential to deceive people.

Intent to Deceive:
The document must be similar to a real currency note or bank note in such a way that it is calculated to deceive people.
The offender doesn’t have to successfully deceive someone; the fact that the document is made or used with the potential to deceive is enough for the offense to be established.

Refusal to Disclose the Maker's Information:
If someone’s name appears on a document that violates sub-section (1) and they refuse to give the name and address of the person who made or printed it when asked by a police officer, they can be fined up to six hundred rupees.
This part of the law seeks to hold accountable not just those making or using deceptive documents, but also those who refuse to cooperate with authorities in identifying the true creators of such documents.

Presumption of Guilt:
If a person’s name appears on a document that looks like a currency-note or bank-note, it is presumed that this person caused the document to be made, unless they can prove otherwise. This is known as a rebuttable presumption.
This presumption helps authorities identify responsible parties in cases where deceptive documents are created or circulated.

Prevention of Deceptive Practices:
The purpose of this section is to protect the integrity of actual currency and prevent fraudulent activities by penalizing the creation and distribution of documents that could be easily mistaken for money.

Examples of Offenses:
Making a document that looks like a currency note for advertising or promotion purposes.
Using such a document to deceive someone into thinking it is real money.
Delivering a fake-looking document resembling a bank-note to another person, either for fraudulent reasons or otherwise.

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