Section 180 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 180 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of possessing forged or counterfeit currency, government stamps, or bank-notes with the intent to use them as genuine.(
๐ Text of Section 180
Section 180. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
Whoever has in his possession any forged or counterfeit coin, stamp, 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.
Explanation: If a person establishes the possession of the forged or counterfeit coin, stamp, currency-note, or bank-note to be from a lawful source, it shall not constitute an offence under this section.
โ๏ธ Key Elements of the Offence
Possession: The individual must have physical possession of the forged or counterfeit items, whether on their person or within their property
Knowledge or Reason to Believe: The person must know or have reason to believe that the items are forged or counterfeit.
Intent to Use as Genuine: The person must intend to use the items as genuine or allow them to be used as genuine.
๐ก๏ธ Defence Against the Offence
If the person can prove that the forged or counterfeit items were obtained from a lawful source, they will not be liable under this section.
๐ Comparison with IPC
Section 180 of the BNS is similar to Section 489C of the Indian Penal Code (IPC), which also criminalizes the possession of forged or counterfeit currency-notes or bank-notes with the intent to use them as genuine.
๐งพ Practical Implications
Possession: Includes having counterfeit items in one's wallet, home, or vehicle.
Knowledge: A person cannot claim ignorance if there was a reasonable basis to believe the items were counterfeit.
Intent: Even if the items are not used, possessing them with the intent to use them as genuine constitutes an offence
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