Code : Section 181 BNS
Whoever makes or mends, or performs any part of the process of making or
mending, or buys or sells or disposes of, or has in his possession, any machinery, die, or
instrument or material for the purpose of being used, or knowing or having reason to believe
that it is intended to be used, for forging or counterfeiting any coin, stamp issued by
Government for the purpose of revenue, currency-note or bank-note, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
Explanation of Section 181 BNS
Section 181 of the Bharatiya Nyaya Sanhita, 2023, specifically targets those who make, possess, or deal in instruments or materials used for counterfeiting Government financial instruments like coins, stamps, currency notes, and bank notes.
This provision is preventive in nature, ensuring that even before fake currency or counterfeit stamps are manufactured, those who possess the tools and materials for such activities are penalized.
Essential Elements
The section applies to any person who:
- Makes or mends machinery, die, or instrument used for counterfeiting.
- Performs any part of the process of making or mending such instruments.
- Buys, sells, or disposes of such instruments.
- Possesses such instruments or materials, knowing or having reason to believe they are intended to be used for counterfeiting.
Illustration
Example 1:
A person is caught with dies, chemicals, and blank currency note papers designed to imitate ₹500 notes. Even if he has not yet produced fake notes, his possession of these items with the intention of counterfeiting is punishable under Section 181.
Example 2:
Ravi sells specialized coin moulds to a gang knowing that they will use them to mint fake coins. He is liable under this section.
Example 3:
A person who unknowingly possesses such instruments without knowledge or reasonable belief of their intended use will not be liable under this section.
Common Questions & Answers
1. What is the punishment under Section 181 BNS?
Punishment may include:
- Imprisonment for life, or
- Imprisonment of either description (simple or rigorous) up to 10 years, and
- Fine.
2. Is mere possession of machinery punishable?
Yes, if the person knows or has reason to believe that the machinery or materials are intended to be used for counterfeiting.
3. How is this section different from Section 180 BNS?
Section 180 deals with possession of counterfeit coins, stamps, or notes, whereas Section 181 targets the possession or manufacture of machinery and materials intended to produce such counterfeit items.
4. Can a person be punished even if no actual counterfeiting has happened?
Yes. The offence is complete when a person is found in possession of instruments or materials intended for counterfeiting, irrespective of whether counterfeit items have been produced.
Related Sections (Clickable Internal Links)
You may also want to refer:
- 👉 Section 178 BNS – Counterfeiting Coin, Government Stamps, Currency-Notes Or Bank-Notes
- 👉 Section 179 BNS – Using As Genuine, Forged Or Counterfeit Coin, Government Stamp, Currency-Notes Or Bank-Notes
- 👉 Section 180 BNS – Possession Of Forged Or Counterfeit Coin, Government Stamp, Currency-Notes Or Bank-Notes
- 👉 Section 182 BNS – Using as Genuine, Forged or Counterfeit Documents or Stamps
Conclusion
Section 181 BNS plays a crucial role in preventing financial fraud by penalizing individuals involved in the preparation and facilitation of counterfeiting activities. It emphasizes the Government’s intent to curb financial crimes at their root.
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