BNS 182 : Making or using documents resembling currency-notes or bank-notes.

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Introduction of Section 182 BNS

BNS 182 deals with the prohibition of creating, using, or circulating documents that resemble currency-notes or bank-notes with the intention to deceive. Even if such documents are not actual counterfeit currency, their similarity to genuine notes makes them capable of misleading people. The law also penalizes individuals who refuse to disclose the source of such documents when questioned by authorities. This provision is meant to safeguard the integrity of India’s monetary system and to prevent confusion, fraud, or exploitation through imitation currency-like materials.

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The Bharatiya Nyaya Sanhita (BNS) Section 182 replaces the old Indian Penal Code (IPC) Section 489-E.

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What is BNS Section 182 ?

BNS Section 182 addresses offenses related to the creation, use, or distribution of documents that resemble currency notes or banknotes, even if they are not genuine. It focuses on preventing deception that can arise from the circulation of such documents and enforces fines for violations.

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Under Section 182 of the bns act 2023

“Whoever makes, uses, or distributes any document which resembles a currency-note or bank-note, with the intention or likelihood of deceiving others, shall be punished with a fine which may extend to three hundred rupees.
If a person whose name appears on such a document refuses to disclose to a police officer the name and address of the person who made or printed it, such person shall be punished with a fine which may extend to six hundred rupees.”

1. Meaning of the Section

This law is designed to prevent people from creating or circulating documents that look like currency notes or bank-notes. Even if the document is not actual counterfeit money, the mere resemblance may confuse or mislead others.
Additionally, if someone’s name is printed on such a document and they refuse to disclose who actually made or printed it, they too are liable to punishment.

2. Key Elements

• Resemblance to Currency/Bank-Note → Any document that looks like money (real or fake) and can mislead someone.
• Acts Covered → Making, using, or distributing such documents.
• Refusal of Information → If questioned by the police, refusing to disclose who created/printed the document is also punishable.
• Intention to Deceive → The person must have an intent or reason to believe their act could deceive others.

3. Nature of the Offense

• Cognizability → Non-cognizable (police need a warrant or court’s permission to investigate/arrest).
• Bailable → Yes, bail is available since the offense is minor.
• Compoundable → Non-compoundable (cannot be privately settled; must go through court).
• Trial Court → Triable by any Magistrate.

4. Punishment

• For making/using/distributing → Fine up to ₹300.
• For refusing to disclose the source → Fine up to ₹600.
• No imprisonment is prescribed, unlike counterfeiting provisions (BNS 178–181).

5. Examples of BNS Section 182

• Example 1 – Fake Lottery Coupon:
  Ramesh prints paper slips designed to look like ₹50 notes and distributes them as coupons in a shop. Since the slips resemble genuine notes, he is guilty under Section 182.
• Example 2 – Refusal to Disclose:
  A printing press has its name printed on a fake note-like document. When police question the owner, he refuses to give details of the client who ordered it. He can be fined up to ₹600.
• Example 3 – Not Guilty:
  If a document clearly states “Souvenir Note – Not Legal Tender” and is designed in such a way that it cannot be confused with real currency, then it may not amount to an offense under this section.

6. Importance of BNS Section 182

• Protects Public Confidence → Prevents confusion that could reduce trust in genuine currency.
• Targets Minor Deceptions → Unlike full counterfeiting, this law punishes smaller acts of imitation.
• Ensures Accountability → Printers and distributors cannot hide behind anonymity.
• Modernized Provision → Replaces older IPC provisions with simplified fines, making it proportionate to the nature of the offense.

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Section 182 BNS Overview

BNS Section 182 focuses on the illegal act of creating or using documents that look similar to currency or bank-notes with the intent to deceive. It covers the penalties for making or distributing such documents and the consequences of failing to disclose the identity of the document’s creator.

10 Key Points of BNS Section 182:

1. Creating or Using Deceptive Documents Resembling Currency:
   • What It Means: This section prohibits the making, using, or distributing of any document that closely resembles currency-notes or bank-notes. If a document looks similar enough to deceive someone into thinking it’s real money, it is illegal.
   • Details: The offense applies to any act that might cause confusion with genuine currency, whether the resemblance is intentional or not.
2. Punishment for Resembling Currency Documents:
   • What It Means: The fine for making or using documents that resemble currency or bank-notes is up to 300 rupees.
   • Details: While the punishment is monetary and may seem small, it aims to discourage deceptive acts without directly involving imprisonment.
3. Refusal to Disclose Printer’s Identity:
   • What It Means: If someone’s name appears on the document (likely the printer), and they refuse to reveal the name and address of the person responsible for creating it, they can be fined.
   • Details: Refusing to cooperate with law enforcement in such cases can lead to a fine of up to 600 rupees.
4. Presumption of Responsibility:
   • What It Means: If a person’s name appears on the deceptive document, it is presumed that they caused the document to be made, unless proven otherwise.
   • Details: This creates a legal presumption of guilt, which the person must challenge by showing they were not involved.
5. Classification as a Non-Cognizable Offense:
   • What It Means: The offense is non-cognizable, meaning the police cannot arrest the offender without a warrant and need the permission of the court to investigate the matter.
   • Details: This makes it a relatively less serious offense in terms of enforcement.
6. Bailable Offense:
   • What It Means: The offense is bailable, meaning the accused can secure release from custody by providing bail without needing the court’s discretion.
   • Details: Since it’s a minor offense, the accused can be easily released on bail.
7. Triable by Any Magistrate:
   • What It Means: The case can be tried by any Magistrate, not just higher courts like the Sessions Court.
   • Details: This makes the process faster and simpler, as the lower courts can handle such cases efficiently.
8. Non-Compoundable Offense:
   • What It Means: The offense is non-compoundable, which means that the parties involved cannot settle the case privately or drop the charges through mutual agreement.
   • Details: Once the case is registered, it must go through the legal process without outside negotiation.
9. Fine as the Main Punishment:
   • What It Means: Unlike other criminal offenses that involve imprisonment, BNS Section 182 primarily imposes fines as a punishment.
   • Details: This highlights that while the offense is unlawful, it is considered less severe than crimes like counterfeiting actual currency.
10. Presumption of Guilt for Named Individuals:
    • What It Means: If a person’s name appears on a suspicious document, the law assumes that they are responsible for its creation unless they can prove otherwise.
    • Details: This encourages accountability, especially for those involved in printing or distributing deceptive materials.

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BNS 182 Punishment

For making or using currency-resembling documents: Fine up to 300 rupees.

For refusal to disclose the name of the person responsible for making the document: Fine up to 600 rupees.

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BNS 182 bailable or not ?

Bailable: The offense under Section 182 is bailable, meaning the accused can seek bail and may not have to remain in custody during the trial.

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Comparison Table (BNS 182 vs IPC 489-E)

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BNS Section 182 FAQs

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Conclusion

BNS Section 182 serves as a preventive measure against the circulation of materials that resemble genuine currency. Unlike severe counterfeiting laws, this provision treats the offense as less serious, focusing on fines rather than imprisonment. The law still plays a vital role in ensuring public confidence in the authenticity of money and discouraging misuse of documents that might deceive ordinary citizens. By simplifying the punishment and emphasizing accountability, BNS modernizes the older IPC provision while reducing harshness for minor violations.

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