SECTION 233 IPC - Indian Penal Code - Making or selling instrument for counterfeiting coin

Description of IPC Section 233

According to section 233 of Indian penal code, Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extended to three years, and shall also be liable to fine.

IPC 233 in Simple Words

In simple words, Section 233 of the Indian Penal Code states that if someone manufactures, repairs, buys, sells, or deals with any die or instrument intended for counterfeiting coins, they can be imprisoned for up to three years and fined.

Section 233 IPC- Making or selling instrument for counterfeiting coin

Services and goods were earlier exchanged only for services and goods in return. This system has been used for centuries before money was invented. However, after the invention of money, crimes related to money, such as making fake currencies, gradually evolved. Therefore, to control such crimes, many laws were invented to regulate a country’s currency only through the governmental or statutory bodies, for example, in India the Reserve Bank of India is the authorized body to issue currency and for the production of coins in India, the India Government Mint operates four mint in Mumbai, Kolkata, Hyderabad, and Noida.

What is a coin and what is meant by counterfeiting of coin?

The Indian Penal Code under section 230 defines coin as a metal used for the time being as money, and stamped and issued by the authority of a State or Sovereign Power. It also defines "Indian coin" as a metal which is used as money and is duly stamped and approved by the Government of India. Under section 231 of IPC counterfeiting of a coin has been defined as a coin that is not genuine or is not real but resembles the exact copy of the originally issued coin. Making a copy of originally issued coin is a criminal offence and is strictly punished under the Indian Penal Code.

Making or selling instrument for counterfeiting coin

According to the Section 233 of the Indian Penal Code, a person will be held liable for the offence of making or selling instrument for counterfeiting coin if-

• Any person makes or mends, or is indulged into any part of an activity of making or mending any instrument used for the purpose of counterfeiting coin.
• Any person who buys, sells or dispose-off any die or instrument, used for the purpose of counterfeiting coin.

Also, when a person is having knowledge or he believes that the die or the instrument is intended to be used, for the purpose of counterfeiting coin then he shall be punishable under this section.

IPC punishes only attempt or actual commission of a crime

Crime has been classified into 4 stages-

1. Motive

2. Preparation

3. Attempt

4. Actual Commission.

However, under the Indian Penal Code, only the last two stages i.e. attempt and actual commission of crime is punishable. But, section 233 of IPC is an exception to this rule. It is one of the section in which preparation to commit an offence has also been made punishable.

As per this section it is not essential for a person to actually commit the crime of counterfeiting a coin. However, mere involvement in the process of counterfeiting i.e. preparing to commit the offence under this section is also punishable.

Essentials of section 233 of the Indian Penal Code

When a person commits an offence under this section, he/she will be held liable for punishment if certain conditions are fulfilled-

1. That the accused, made or mended any die or instrument.

2. Performed any part of the process of making or mending any die or instrument.

3. He bought or sold or disposed of such die or instrument.

4. That the accused did an act with the knowledge that such die or instrument might be used for the purpose of counterfeiting coin.

5. That he knew or had reasons to believe, that the same was intended to be used for such purpose.

Punishment under section 233 of the Indian Penal Code

When an offence of making and selling instrument for counterfeiting coin under section 233 of the Indian Penal Code has been committed, then the offender is liable to be punished with imprisonment for a term of 3 years and fine. However, when any person is indulged in making or selling instrument for counterfeiting Indian coin under section 234 of IPC, he shall be liable for imprisonment for a term of 7 years and fine.

Nature of the offence

The offence punishable under section 233 of IPC is a cognizable offence, meaning thereby if a person has committed an offence under this section the police can arrest such person without a warrant.

Making or selling the instrument for counterfeiting coin is a non-bailable offence and is liable to be investigated and decided by the Judicial Magistrate of First Class who is having the authority over the area where such offence has been committed.