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BNS Section 186

Prohibition of fictitious stamps

(1) Whoever

(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp; or
(b) has in his possession, without lawful excuse, any fictitious stamp; or
(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees.

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and, if seized shall be forfeited.

(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

(4) In this section and also in sections 176 to 179, and sections 181 to 183 both inclusive, the word “Government”, when used in connection with, or in reference to any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in clause (11) of section 2, be deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country.


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Key Points:
Offense of Dealing with Fictitious Stamps:

Section 186 prohibits the creation, sale, or use of fictitious stamps that falsely purport to be issued by the Government for postal or other official purposes.
The section covers various actions, including:
Making a fictitious stamp.
Uttering, meaning presenting or using the stamp as if it were genuine.
Dealing in or selling fictitious stamps.
Using a fictitious stamp for postal purposes (i.e., sending mail using such a stamp).

Possession of Fictitious Stamps:
It is an offense to possess a fictitious stamp without lawful excuse. This means that simply having such a stamp in your possession can lead to punishment unless you can provide a legitimate reason for possessing it.

Possession of Tools to Make Fictitious Stamps:
This section also criminalizes the possession of any tools, dies, plates, or materials used for making fictitious stamps.
If a person is found with such materials and cannot provide a valid reason, they can be punished under this section.

Punishment:
The punishment for these offenses includes a fine that may extend to two hundred rupees. While the fine may seem low, the offense is aimed at deterring the creation and circulation of fake stamps.

Seizure and Forfeiture:
Any fictitious stamp, tools, or materials found in possession for the purpose of making such stamps can be seized by authorities. Once seized, they may be forfeited (taken by the Government).

Definition of “Fictitious Stamp”:
A "fictitious stamp" refers to:
A stamp that falsely claims to be issued by the Government for postal or revenue purposes.
Any imitation, facsimile, or representation of a legitimate Government stamp, regardless of the material it is printed on (whether on paper or another surface).

Inclusion of Postal Authorities:
In the context of postal stamps, the term “Government” in this section includes not only the Indian Government but also any foreign government or authorities that are legally authorized to issue stamps for postal services.

Broader Application to Other Sections:
This section also clarifies that the word “Government” in relation to postal stamps also applies in the context of Sections 176 to 179 and Sections 181 to 183. This extends the coverage of the law to ensure that postal stamps are protected under these provisions as well.


Offence : Fictitious stamps.


Punishment : Fine of 200 rupees.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Any Magistrate.




Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.


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