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Introduction of Section BNS 184

BNS Section 184 deals with the offense of reusing government-issued revenue stamps. When a person knowingly uses a previously used government stamp, with the intent to defraud the government or cause financial loss, it is considered an offense under this section. The section lays out specific punishments for those who commit this offense, including imprisonment or fines.


The Bharatiya Nyaya Sanhita (BNS) Section 184 replaces the old Indian Penal Code (IPC) Section 262.



What is BNS Section 184 ?

BNS Section 184 defines the offense of using a government-issued stamp, knowing that it has already been used, with the intent to defraud the government or cause financial loss. The offense is punishable with imprisonment, a fine, or both. It is classified as a cognizable and bailable offense, and is triable by any magistrate.


BNS 184 in Simple Points

  1. Fraudulent Use of Government Stamps:
    • This section covers cases where a person knowingly uses a government-issued revenue stamp that has already been used for its intended purpose. The intent must be fraudulent or aimed at causing financial loss to the government.
  2. Intent to Cause Loss to the Government:
    • To commit an offense under this section, the individual must have the intention of causing harm or loss to the government by reusing a stamp that has already been used.
  3. Punishment:
    • If convicted, the offender can be punished with imprisonment of up to two years, a fine, or both. The punishment serves as a deterrent to prevent misuse of government-issued stamps.
  4. Cognizable Offense:
    • A cognizable offense means the police have the authority to arrest the offender without needing a warrant. This allows for quicker action in fraud cases involving government stamps.
  5. Bailable Offense:
    • The offense is classified as bailable, meaning the accused can be released on bail while awaiting trial, unless there are more serious charges involved.

Section 184 BNS Overview

BNS Section 184 defines the offense of using a government-issued stamp, knowing that it has already been used, with the intent to defraud the government or cause financial loss. The offense is punishable with imprisonment, a fine, or both. It is classified as a cognizable and bailable offense, and is triable by any magistrate.

10 Key Points of BNS Section 184 :

  1. Fraudulent Use of Government Stamps:
    • The section is specifically aimed at preventing the reuse of government-issued revenue stamps. A person commits an offense when they fraudulently use a stamp that has already been used for its official purpose.
    • Detail: This ensures that government stamps are used only once, maintaining the integrity of revenue collection processes.
  2. Intent to Cause Loss to the Government:
    • For an act to be punishable under this section, the offender must have the intention of causing financial harm to the government by reusing a stamp.
    • Detail: This means that the accused must knowingly use the stamp with the understanding that doing so deprives the government of revenue.
  3. Punishment:
    • If convicted under BNS Section 184, the offender can be punished with imprisonment of up to two years, or a fine, or both.
    • Detail: The punishment serves as a deterrent for those who might attempt to defraud the government through the reuse of stamps.
  4. Cognizable Offense:
    • A cognizable offense means that the police can arrest the offender without a warrant.
    • Detail: This classification allows law enforcement to act swiftly to prevent or stop the fraudulent activity.
  5. Bailable Offense:
    • The offense is bailable, meaning the accused has the right to be released on bail while awaiting trial.
    • Detail: This ensures that the accused does not have to remain in custody during the legal proceedings unless there are additional serious charges.
  6. Non-Compoundable Offense:
    • A non-compoundable offense means that the charges cannot be settled or dropped through a compromise between the parties.
    • Detail: This indicates that the offense is serious, and the case must be resolved through the judicial system.
  7. Trial by Any Magistrate:
    • The offense is triable by any magistrate, meaning it can be handled in lower courts, ensuring quicker resolution.
    • Detail: This makes the legal process more accessible and efficient for handling such cases.
  8. Scope of the Law:
    • The law applies to any individual who uses a previously used government stamp for any purpose. It does not matter whether the stamp was reused for personal gain or other reasons, as long as there was an intent to defraud the government.
    • Detail: This ensures broad applicability and covers all possible situations where a stamp could be fraudulently reused.
  9. Revenue Protection:
    • The main purpose of this section is to protect government revenue. By preventing the reuse of stamps, the law ensures that the government receives the proper fees for every transaction requiring a stamp.
    • Detail: This supports the government’s financial integrity and ensures a fair collection of revenue.
  10. Offender’s Knowledge:
    • The law requires that the offender knew or had reason to believe that the stamp was previously used. Accidental or uninformed use of a used stamp is not considered a crime under this section.
    • Detail: This ensures that only those who knowingly attempt to defraud the government are held accountable.

Examples of BNS Section 184:

  1. Example 1:
    • A business owner completes a legal transaction and uses a government-issued stamp on the official document. Later, they attempt to remove the stamp and reuse it for another transaction to avoid paying for a new stamp. This constitutes an offense under BNS Section 184.
  2. Example 2:
    • A person purchases a used document with a government stamp from someone else and tries to use that stamp again on a new legal document, knowing it has already been used. This fraudulent act falls under the purview of BNS Section 184.

BNS 184 Punishment

Punishment:

  • The maximum punishment for an offense under BNS Section 184 is up to two years of imprisonment.

Fine:

  • In addition to or instead of imprisonment, the offender may also be subject to a fine. The exact amount of the fine is determined by the court, based on the severity of the offense.

BNS 184 Punishment for Using Used Government Stamps
Imprisonment or fine for using used Government stamps

BNS 184 bailable or not ?

BNS Section 184 is bailable, which means that an accused person has the right to be granted bail. This allows the individual to avoid being detained while the trial is ongoing unless additional serious charges apply.


Bharatiya Nyaya Sanhita Section 184

BNS SectionOffensePunishmentClassificationBailTrial Court
184Using a government stamp known to have been before usedImprisonment of up to 2 years, or fine, or bothCognizableBailableAny Magistrate
Bharatiya Nyaya Sanhita Section 184

BNS Section 184 FAQs

What does BNS Section 184 address?

What is the punishment under BNS Section 184?

Is BNS Section 184 a cognizable offense?

Is BNS Section 184 bailable?

Yes, the offense is bailable, allowing the accused to secure bail while awaiting trial.

Is BNS Section 184 a compoundable offense?

Who can try offenses under BNS Section 184?


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