BNS 179 : Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank notes.

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Introduction of BNS 179

The circulation of counterfeit money and forged government stamps poses a serious threat to the economy and public trust. To address this, Section 179 of the Bharatiya Nyaya Sanhita (BNS), 2023 criminalises the act of using, selling, importing, exporting, or delivering counterfeit coins, government stamps, currency notes, or banknotes as genuine, while knowing or having reason to believe they are fake. The law treats the circulation of counterfeit items as seriously as counterfeiting itself, imposing punishments of life imprisonment or up to 10 years with a fine. By modernising older IPC provisions, BNS 179 strengthens India’s fight against financial crimes and safeguards the integrity of its currency system.

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The Bharatiya Nyaya Sanhita (BNS) Section 179 replaces the old Indian Penal Code (IPC) Section 489-B.

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What is BNS Section 179 ?

BNS Section 179 makes it illegal for any person to traffic or use forged or counterfeit coins, stamps, currency notes, or banknotes as if they were genuine. The crime covers activities like importing, exporting, selling, delivering, or receiving such counterfeit items while knowing or believing them to be fake.

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Under Section 179 of the bns act 2023

Whoever imports, exports, sells, delivers, or receives any coin, government stamp, currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, and uses it as genuine, 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 179

This section punishes not just the making of counterfeit money or stamps (covered under BNS 178) but also the use, trafficking, or circulation of such counterfeit items as if they were genuine. The law recognizes that spreading fake currency or stamps is as damaging to the economy and public trust as manufacturing them.

• Scope of the Offence → Covers importing, exporting, selling, delivering, receiving, or otherwise circulating counterfeit coins, government stamps, currency-notes, or bank-notes.
• Knowledge / Belief Required → The offender must either know or have reason to believe that the items are counterfeit.
• Intention → The act must involve using them as genuine (i.e., passing them off as real in a transaction).
• Severity → Considered as serious as counterfeiting itself, since it spreads fake currency into circulation.

Key Elements of Section 179

1. Use of Counterfeit Items → Using forged coins, notes, or stamps as genuine is an offence.
2. Trafficking → Importing, exporting, selling, or delivering counterfeit currency/stamps is included.
3. Knowledge / Reason to Believe → Even if not proven that the person knew but had reason to believe the item was fake, liability exists.
4. Same Weight as Counterfeiting → Treated with equal seriousness as making counterfeit items.
5. Punishment → Life imprisonment or up to 10 years + fine.
6. Cognizable → Police can arrest without a warrant.
7. Non-bailable → Bail is not easily granted; only a court can consider it.
8. Non-compoundable → Cannot be settled privately; must go through trial.
9. Tried by Court of Session → Heard in higher court due to seriousness.
10. Objective → Prevents counterfeit money or stamps from circulating in society and harming the economy.

Examples of BNS Section 179

Example 1 – Shopkeeper Passing Fake Note
A shopkeeper knowingly receives a fake ₹500 note and later uses the same note to pay a supplier. By knowingly using counterfeit currency as genuine, he is guilty under Section 179.

Example 2 – Dealer Selling Fake Stamps
A trader buys counterfeit government revenue stamps at a cheap price and sells them to customers despite knowing they are fake. This falls under Section 179.

Example 3 – Importing Fake Currency
A smuggler imports fake US dollars into India, knowing they are counterfeit, and tries to exchange them. This is punishable under Section 179.

Example 4 – Passing On Fake Coins
Someone finds out that the coins in his possession are counterfeit but still uses them in daily transactions. He is liable under this section because he knowingly circulated counterfeit coins.

Why Section 179 is Important

• Complements Section 178 → While Section 178 punishes making counterfeit currency/stamps, Section 179 punishes using or circulating them.
• Protects Economy → Stops counterfeit notes from damaging financial stability.
• Deters Illegal Trade → Prevents smuggling and black-market dealing in fake notes/stamps.
• Safeguards Public Trust → Ensures citizens trust the validity of money and official stamps.
• International Dimension → Covers importing/exporting, addressing cross-border counterfeit rackets.

Punishment under BNS 179

• Life imprisonment, or
• Imprisonment up to 10 years, and
• Fine.

Offence Classification under BNS 179

• Cognizable → Police can arrest without a warrant.
• Non-bailable → Bail is not a right; granted only at court’s discretion.
• Non-compoundable → Cannot be privately settled.
• Trial Court → Court of Session.

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Section 179 BNS Overview

Bharatiya Nyaya Sanhita (BNS) Section 179 addresses the illegal act of using or trafficking forged or counterfeit coins, government stamps, currency notes, or banknotes as if they were genuine. This section covers various forms of dealing with counterfeit items, such as importing, selling, delivering, or receiving them while knowing or having reason to believe they are counterfeit. The law prescribes severe punishments due to the significant harm counterfeit currency can cause to national financial security.

Definition of Key Terms:

• BNS Section 10 may lay down definitions for important legal terms used throughout the law. These terms might include definitions of “offense,” “public servant,” “coin,” or “document.” Defining these terms is crucial as it provides clarity and ensures consistent interpretation across all legal proceedings.
• Example: If “public servant” is defined as anyone holding a government position, this would include judges, police officers, and other officials.

2. Territorial Jurisdiction:

• This point might describe the geographical limits within which the BNS applies. It clarifies the areas, districts, or states where the law is enforceable. The law applies to the whole country unless specifically exempted in certain regions or circumstances.
• Example: If someone commits an offense while in the country’s borders, they can be prosecuted under the BNS, no matter where in the country the crime took place.

3. Applicability of Laws to Citizens and Foreigners:

• Section 10 may outline who is subject to the provisions of the law, including citizens of the country and, in some cases, foreign nationals residing or operating within the country. This point ensures that no one is above the law, whether local or foreign.
• Example: A foreigner who commits an offense while staying in India could be prosecuted under BNS if their actions violate Indian law.

4. Acts Beyond Indian Territory:

• It may also discuss the jurisdiction of Indian law over actions committed outside of Indian territory. For example, if a citizen of the country commits an illegal act abroad that affects Indian interests, they might still be held accountable under BNS.
• Example: If an Indian citizen is involved in international fraud while living abroad, they could be prosecuted under BNS once they return to India.

5. Criminal Liability of Public Servants:

• BNS Section 10 may also establish that public servants are not immune from prosecution and are held to the same, or sometimes stricter, legal standards. This ensures accountability among those holding public office.
• Example: A police officer who accepts a bribe or commits a crime while on duty will face the same legal consequences as an ordinary citizen, if not more severe.

6. Ignorance of Law is No Excuse:

• One of the basic principles that might be outlined in Section 10 is that ignorance of the law is not an excuse. If someone commits a crime, they cannot simply claim they didn’t know the act was illegal.
• Example: If a person violates a traffic law and claims they didn’t know about the rule, they will still be held accountable as they are expected to know the laws of the country they live in.

7. Classification of Offenses:

• BNS Section 10 might explain how offenses are classified under the law. Offenses can be categorized into cognizable (serious) and non-cognizable (less serious) crimes. It may also distinguish between bailable and non-bailable offenses.
• Example: Serious crimes like murder are cognizable and non-bailable, meaning police can arrest the offender without a warrant, and bail is not easily granted.

8. Intent and Criminal Responsibility:

• Section 10 could discuss how intent plays a role in determining criminal liability. If an individual has no intention of committing an illegal act or was coerced into doing it, their criminal responsibility may be reduced.
• Example: If a person accidentally causes harm without any malicious intent, they may not be punished as severely as someone who deliberately committed the crime.

9. Punishments and Penalties:

• BNS Section 10 might outline the different types of punishments applicable under the law, such as imprisonment, fines, or community service. The section may categorize offenses based on the severity and assign appropriate penalties.
• Example: Minor offenses may result in a fine or a short-term imprisonment, while severe crimes like terrorism or counterfeiting could lead to life imprisonment or even capital punishment.

10. Appeals and Judicial Review:

• This section may explain the right of the convicted to appeal their conviction or sentence. If someone believes they have been wrongly convicted or the punishment was too harsh, they can challenge the decision in a higher court.
• Example: If someone is sentenced to 5 years for a crime they didn’t commit, they have the right to appeal to a higher court for a review of their case.

Examples of BNS Section 179 in Action

1. Example 1: Receiving Counterfeit Currency in a Transaction
   Raj, a shop owner, receives a counterfeit ₹500 note from a customer. Although Raj realizes that the note is fake, he knowingly uses the same counterfeit note later to buy supplies from another vendor. Raj has committed an offense under BNS Section 179 because he knowingly used a counterfeit note in a transaction.
2. Example 2: Selling Counterfeit Government Stamps
   Meena operates a small office supply store. She purchases a batch of government stamps from a dealer at a suspiciously low price and later finds out they are counterfeit. Despite knowing this, she continues to sell the counterfeit stamps to customers. Meena is guilty under BNS Section 179 for selling counterfeit government stamps while being aware they are not genuine.

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BNS 179 Punishment

Life imprisonment or imprisonment for up to 10 years.

Fine: The offender is also liable to pay a fine.

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BNS 179 bailable or not ?

The offense is non-bailable, meaning that bail is not granted easily. The accused must provide strong evidence or reasons for bail, which is left to the court’s discretion due to the severity of the offense.

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Comparison Table – BNS 179 vs IPC Provisions

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BNS Section 179 FAQs

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Conclusion

BNS Section 179 serves as a strong deterrent against the circulation of counterfeit coins, government stamps, and currency notes. By consolidating several IPC provisions into one clear law, it simplifies enforcement while retaining strict punishments such as life imprisonment or up to 10 years with a fine. Its classification as cognizable, non-bailable, and non-compoundable ensures that offenders face serious legal consequences. This section not only protects India’s financial system from counterfeit threats but also strengthens public confidence in the authenticity of money and government instruments.

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