Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - 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 a fine, or with both.
Explanation: If a person establishes that the forged or counterfeit coin, stamp, currency-note, or bank-note was obtained from a lawful source, it shall not constitute an offence under this section.
Brief Detail
BNS Section 180 deals with the offence of possessing forged or counterfeit coins, stamps, currency-notes, or bank-notes with the intention of using them as genuine or allowing them to be used as genuine. The penalties include imprisonment for up to seven years, a fine, or both. However, possession from a lawful source is not considered an offence.
Question & Answers
Q1: What constitutes the offence under BNS Section 180?
A1: The offence occurs when someone possesses forged or counterfeit coins, stamps, currency-notes, or bank-notes, knowing or having reason to believe they are counterfeit, and intends to use them as genuine or allow them to be used as genuine.
Q2: What is the punishment for possessing forged or counterfeit items under BNS Section 180?
A2: The punishment includes imprisonment for up to seven years, a fine, or both.
Q3: Is there any exception to the rule under BNS Section 180?
A3: Yes, if the person can prove that the forged or counterfeit items were obtained from a lawful source, it is not considered an offence.
Example
Example Scenario:
If someone is found with counterfeit currency-notes and intends to use them in transactions, they are committing an offence under BNS Section 180. However, if they can demonstrate that the notes were acquired from a legitimate source, they would not be prosecuted under this section.
Summary
BNS Section 180 criminalizes the possession of forged or counterfeit coins, stamps, currency-notes, or bank-notes with the intent to use them as genuine. The law provides for imprisonment up to seven years and fines, but possession from a lawful source is not penalized.
