BNS 183

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Introduction of BNS 183

BNS 183 is designed to safeguard the proper use of government-issued stamps and prevent fraudulent activities that might harm the government’s revenue. It criminalizes actions such as tampering with government stamps or documents, removing stamps from documents, and attempting to reuse those stamps for other purposes. Such actions are punishable by imprisonment, a fine, or both, depending on the severity of the offense.

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The Bharatiya Nyaya Sanhita (BNS) Section 183 replaces the old Indian Penal Code (IPC) Section 261.

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What is BNS Section 183 ?

BNS Section 183 deals with offenses related to tampering with government-issued stamps or documents. It specifically targets individuals who fraudulently remove or alter government stamps or writing on documents with the intent to cause financial loss to the government. The section aims to protect government revenue and ensure the integrity of documents that use government stamps.

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BNS 183 in Simple Points

1. Tampering with Government Stamps:
   • This point refers to the fraudulent removal or alteration of any government-issued stamp on a document or substance. For example, if someone scrapes off a stamp used for legal or revenue purposes, it is considered tampering.
   • Detail: The intent behind this action must be to deceive the government or avoid paying for another stamp, which would cause financial loss to the state.
2. Reusing Stamps on Different Documents:
   • This involves removing a stamp that has already been used on one document and attempting to reuse it on another document, effectively avoiding paying the necessary fees.
   • Detail: Such reuse is fraudulent and illegal because each document should have its own official stamp, which generates revenue for the government.
3. Intent to Defraud the Government:
   • For someone to be guilty under this section, they must have the intent to defraud the government by removing or altering the stamp for personal gain or avoiding fees.
   • Detail: Simply removing a stamp is not enough to be guilty—there must be a clear motive to cause financial harm to the government.
4. Punishment for the Offense:
   • The punishment under BNS Section 183 can include imprisonment for up to three years, a fine, or both.
   • Detail: The severity of the punishment depends on the nature of the offense and the degree of financial loss caused to the government.
5. Cognizable and Bailable Offense:
   • BNS Section 183 is classified as a cognizable offense, meaning that the police can arrest the accused without a warrant. However, it is also bailable, so the accused can secure bail during the trial process.
   • Detail: This classification allows the authorities to act quickly while ensuring that the accused has the right to apply for bail.

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Section 183 BNS Overview

BNS Section 183 deals with offenses related to tampering with or removing government-issued stamps from documents or writings in a way that could cause financial loss to the government. The section outlines punishments for such fraudulent acts, including imprisonment and fines.

10 Key Points of BNS Section 183:

1. Effacing Writing on a Government-Stamped Substance:
   • What It Means: This provision applies to cases where a person fraudulently removes or alters any writing on a substance bearing a government-issued revenue stamp.
   • Details: This is a serious offense as it involves tampering with a document that could be used for tax or legal purposes, potentially defrauding the government.
2. Removing a Stamp from a Document with the Intent to Reuse:
   • What It Means: It prohibits the removal of a stamp that has already been used on a document, with the intent to reuse it on another document.
   • Details: This act is intended to defraud the government by avoiding paying for new stamps, thus causing financial loss.
3. Intent to Cause Loss to Government:
   • What It Means: For the offense to be complete, the person must have acted with fraudulent intent, specifically intending to cause financial loss to the government.
   • Details: This makes the crime an intentional act of fraud, not an accidental or negligent mistake.
4. Imprisonment for Offenders:
   • What It Means: The punishment for such an act is imprisonment for up to three years.
   • Details: This indicates that the offense is considered serious, although not on the same level as violent crimes or those involving large-scale fraud.
5. Fine as an Additional Punishment:
   • What It Means: In addition to imprisonment, the offender may also face a fine, or in some cases, the punishment could be a fine instead of imprisonment.
   • Details: This gives flexibility in sentencing, allowing the courts to impose lighter penalties where appropriate.
6. Cognizable Offense:
   • What It Means: The offense is classified as cognizable, meaning that police officers can arrest the accused without a warrant and start an investigation without the need for a magistrate’s permission.
   • Details: This classification reflects the seriousness of the crime, allowing for swift action by law enforcement.
7. Bailable Offense:
   • What It Means: Despite its seriousness, the offense is bailable, meaning the accused has the right to apply for bail and be released while awaiting trial.
   • Details: This ensures that the accused does not necessarily have to remain in custody while the legal proceedings unfold.
8. Non-Compoundable Offense:
   • What It Means: The offense is non-compoundable, meaning that the parties involved cannot settle the case outside of court. The legal process must be followed through to a conclusion.
   • Details: This prevents individuals from privately settling cases that involve defrauding the government.
9. Trial by Magistrate of First Class:
   • What It Means: Cases under this section are triable by a Magistrate of the first class, meaning that lower courts handle the matter rather than higher courts like the Sessions Court.
   • Details: This ensures a quicker trial process for cases of this nature, which are important but not overly complex.
10. Protection of Government Revenue:
    • What It Means: The section is primarily aimed at protecting government revenue by ensuring that stamps meant for one document are not fraudulently reused on another.
    • Details: This ensures that the government collects the necessary fees for services such as registration, taxation, and other administrative processes.

2 Examples of BNS Section 183:

1. Example 1:
   • A person receives a legal document that requires a revenue stamp. Instead of purchasing a new stamp, they carefully remove the stamp from an old document and place it on the new one. This act of reusing a government-issued stamp to avoid paying for another one falls under BNS Section 183 and is punishable by imprisonment or fine.
2. Example 2:
   • An individual buys an old document with a government stamp, scrapes off the writing on the document, and resells it with the stamp intact. By doing this, the person tries to use the stamp for a new purpose, thereby defrauding the government of the revenue it would have earned from a new stamp.

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BNS 183 Punishment

• Punishment:
  • Imprisonment for up to three years.
  • Fine, or both imprisonment and fine..

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BNS 183 bailable or not ?

Bailable, meaning the accused can secure bail without the court’s discretion, ensuring the right to temporary freedom during the trial.

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Bharatiya Nyaya Sanhita Section 183

Offense	Punishment	Classification	Bail	Trial Court
Effacing writing from a substance bearing a Government stamp, or removing a stamp used for a document to cause loss to the Government	Imprisonment for 3 years, or fine, or both	Cognizable	Bailable	Magistrate of First Class

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BNS Section 183 FAQs

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