Code : Section 186 BNS
(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 178 to 181 (both inclusive), and sections 183 to
185 (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 (12) 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.
Explanation of Section 186 BNS
Section 186 of the Bharatiya Nyaya Sanhita, 2023, deals with offences related to fictitious stamps. A fictitious stamp refers to a stamp that is not officially issued by the Government but is falsely made to resemble a genuine Government stamp, often to cheat or defraud.
This provision criminalizes:
- Making fictitious stamps.
- Using, dealing in, or selling such stamps knowing them to be fictitious.
- Possessing such stamps knowingly.
- Using fictitious stamps for any postal purpose.
This section protects the integrity of Government-issued stamps, prevents misuse, and secures revenue collection systems.
Key Elements
- Making or causing to be made a fictitious stamp.
- Selling, dealing in, or uttering a fictitious stamp.
- Possession of a fictitious stamp with knowledge.
- Using such stamp for postal purposes.
Punishment
- Imprisonment up to 2 years; OR
- Fine; OR
- Both
Illustration
Example:
Ravi prints fake postage stamps at home, resembling the original Indian postal stamps, and sells them at lower rates to people. His act of making and selling fictitious stamps is punishable under Section 186 BNS.
Common Questions & Answers
1. What is a fictitious stamp?
A fictitious stamp is a stamp that is not authorized or issued by the Government but is made to appear genuine.
2. Is mere possession of a fictitious stamp an offence?
Yes, if the person has knowledge that the stamp is fictitious.
3. What is the punishment for dealing in fictitious stamps?
Punishment may extend to two years of imprisonment or fine or both.
4. Is intent to defraud necessary?
Knowledge that the stamp is fictitious is essential. Intent to defraud or use for postal purposes is punishable.
Related Sections (Clickable Internal Links)
You may also refer:
- 👉 Section 185 BNS – Erasure Of Mark Denoting That Stamp Has Been Used
- 👉 Section 184 BNS – Using Government Stamp Known To Have Been Before Used
- 👉 Section 183 BNS – Effacing Writing From Substance Bearing Government Stamp
Conclusion
Section 186 BNS ensures that the production, possession, or circulation of fictitious stamps is treated as a serious offence. It safeguards the authenticity and financial integrity of the Government’s postal and revenue systems.
For more detailed BNS Section-wise explanations, visit 👉 ApniLaw.com
