Code : Section 180 BNS
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.
Explanation of Section 180 BNS
Section 180 of the Bharatiya Nyaya Sanhita, 2023, deals with the possession of counterfeit coins, stamps, currency notes, or bank notes. The key factor is the knowledge or reasonable belief that the items are forged or counterfeit, along with the intention to use or allow their use as genuine.
This section punishes people who may not have directly participated in counterfeiting or circulation but knowingly possess such fake items with an intent to use them deceitfully.
Essential Elements
- Possession of forged or counterfeit coin, stamp, currency note, or bank note.
- Knowledge or reasonable belief of its counterfeit nature.
- Intention to use them as genuine or allow them to be used as genuine.
🔸 If a person can prove that the possession was from a lawful source (e.g., unintentional possession without knowledge), no offence is committed under this section.
Illustration
Example 1: Ramesh receives fake ₹500 currency notes from a stranger in a transaction. Even after realizing they are fake, he keeps them to use at a local store as genuine. Ramesh is liable under Section 180 BNS.
Example 2: Priya finds counterfeit Government stamps and keeps them, planning to use them later for official purposes. She is punishable under Section 180 BNS.
Example 3 (Lawful Possession): A bank employee unknowingly receives counterfeit notes as part of daily transactions but immediately reports them to the police. Since he had no intent to use them as genuine, he is not liable under this section.
Common Questions & Answers
1. Is mere possession of counterfeit currency punishable?
Possession alone is not enough. It must be accompanied by knowledge or belief that the currency is counterfeit and intention to use it as genuine.
2. What is the punishment under Section 180 BNS?
Imprisonment of up to seven years or fine, or both.
3. Can someone escape liability by proving lawful possession?
Yes. The explanation to Section 180 clearly states that if a person can establish that the possession was lawful, no offence is committed.
4. What is the difference between Section 179 and Section 180 BNS?
- Section 179 punishes people who use, sell, or traffic counterfeit items.
- Section 180 punishes those who knowingly possess counterfeit items with an intent to use them as genuine.
Related Sections (Clickable Internal Links)
You may also want to read:
- 👉 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 182 BNS – Using as Genuine, Forged or Counterfeit Documents or Stamps
Conclusion
Section 180 BNS aims to curb the circulation of counterfeit currency, stamps, or coins by punishing those who knowingly possess them with wrongful intent. It provides a safeguard for people who unknowingly come into possession of counterfeit items but take prompt, lawful action.
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