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Introduction of BNS 179

BNS 179 deals with the offense of using forged or counterfeit coins, government stamps, currency notes, or banknotes as genuine. It criminalizes the act of importing, exporting, selling, delivering, or receiving such counterfeit items with the knowledge or belief that they are fake. The section provides stringent punishment due to the serious economic harm caused by such offenses.


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



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.


BNS 179 - Using Forged or Counterfeit Currency
BNS 179 covers use of forged or counterfeit currency

BNS 179 in Simple Points

  1. Offense of Using Counterfeit Items
    • Description: The offense involves importing, exporting, selling, delivering, or receiving counterfeit coins, stamps, or notes, and knowingly using them as genuine.
    • Example: If someone knowingly uses a forged currency note in a transaction or buys a fake government stamp, they commit this offense.
  2. Knowledge or Belief of Forgery
    • Requirement: For the offense to apply, the person must know or have reason to believe that the items they are using are counterfeit.
    • Example: If someone receives a counterfeit note and knows it is fake but still uses it to buy something, they are guilty under this section.
  3. Punishment for the Offense
    • Imprisonment for Life or Imprisonment up to 10 Years and a fine.
    • Explanation: The severe punishment highlights the economic and legal seriousness of using counterfeit items.
  4. Cognizable Offense
    • Police Action: It is a cognizable offense, meaning the police can arrest the accused without a warrant.
    • Explanation: The law allows immediate action to prevent further use or spread of counterfeit items.
  5. Non-Bailable and Non-Compoundable
    • Bail: The offense is non-bailable, meaning bail is not easily granted.
    • Non-compoundable: The offense cannot be settled between the parties; a trial is mandatory.

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.

BNS 179 Punishment

Life imprisonment or imprisonment for up to 10 years.

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


BNS 179 imposes life imprisonment or 10 years with fine.
Punishment for using counterfeit currency under BNS 179.

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.


Bharatiya Nyaya Sanhita Section 179

OffensePunishmentClassificationBailTrial Court
Using as genuine, forged or counterfeit coin, government stamp, currency notes, or banknotesLife imprisonment or up to 10 years and fineCognizable, Non-compoundableNon-bailableCourt of Session
Bharatiya Nyaya Sanhita Section 179

BNS Section 179 FAQs

What is BNS Section 179?

What is the punishment under BNS Section 179?

Is BNS Section 179 a bailable offense?

No, it is a non-bailable offense, meaning bail is not easily granted. The accused has to convince the court of special reasons to be released on bail.

Is using counterfeit items a cognizable offense?

What does “non-compoundable” mean in BNS Section 179?

Who tries cases under BNS Section 179?


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