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Introduction of Section BNS 185

BNS 185, focusing on offenses involving fraudulent manipulation of government-issued revenue stamps. Specifically, it deals with the erasure or removal of marks on stamps that indicate they have been used. This section ensures the protection of government revenue and discourages fraudulent activities related to the misuse of such stamps.


The Bharatiya Nyaya Sanhita (BNS) Section 185 replaces the old Indian Penal Code (IPC) Section 263.



What is BNS Section 185 ?

BNS Section 185 pertains to fraudulent acts involving government-issued revenue stamps. Specifically, it addresses the erasure or removal of any mark on a government stamp that indicates the stamp has already been used. This section is designed to prevent fraud and loss of government revenue by ensuring that used stamps cannot be reused.


Punishment for erasing Government stamp marks Punishment for erasing marks on Government stamps
Imprisonment or fine for erasing stamp marks

BNS 185 in Simple Points

  1. Erasure or Removal of Marks:
    • This section applies to cases where a person, with fraudulent intent, erases or removes any mark from a government-issued stamp that indicates the stamp has been previously used. This act is considered an offense because it attempts to disguise the stamp as unused for financial gain.
  2. Possession or Sale of Tampered Stamps:
    • If a person knowingly possesses or sells a stamp from which the mark has been removed or tampered with, they are also committing an offense under this section. This provision ensures that even handling such stamps is a punishable act.
  3. Intent to Cause Loss to the Government:
    • The offense must involve an intent to defraud or cause financial loss to the government. The misuse of stamps for revenue purposes directly affects government income, making such actions a serious crime.
  4. Punishment:
    • The maximum punishment for this offense is imprisonment for up to three years, a fine, or both. The severity of the punishment reflects the seriousness of defrauding government revenue.
  5. Cognizable and Bailable Offense:
    • The offense is cognizable, meaning the police can arrest without a warrant. However, it is also bailable, meaning the accused can be released on bail while awaiting trial.

Section 185 BNS Overview

BNS Section 185 makes it an offense to erase or remove marks on any government-issued stamp that denotes it has been used, with the intent to cause loss to the government. It also applies to the possession, sale, or disposal of such tampered stamps. The offense is punishable by imprisonment, fine, or both.

10 Key Points of BNS Section 185 :

  1. Fraudulent Erasure of Marks on Government Stamps:
    • This section criminalizes the act of removing or erasing marks on a government-issued stamp, which are placed to show the stamp has already been used. The act of altering these stamps is considered fraudulent.
  2. Intent to Defraud the Government:
    • The key element of the offense is the intent to cause financial loss to the government. The law targets those who attempt to reuse stamps in order to avoid paying additional taxes or fees.
  3. Possession of Altered Stamps:
    • Not only does this section address those who erase marks on stamps, but it also criminalizes the possession of such stamps. Knowingly possessing a tampered stamp is considered an offense under this section.
  4. Sale or Disposal of Used or Tampered Stamps:
    • The law covers individuals who sell or dispose of government stamps with removed or erased marks. This ensures that the entire supply chain of these fraudulent actions is addressed.
  5. Knowledge of Stamp Being Previously Used:
    • The law requires that the person either knows or has reason to believe that the stamp has been used before. This element focuses on awareness of the fraud, preventing claims of ignorance.
  6. Punishment for Offenders:
    • The punishment under BNS Section 185 can extend to three years of imprisonment, which signifies the seriousness of the offense. This may be coupled with a fine, or in some cases, both imprisonment and a fine.
  7. Non-Compoundable Offense:
    • The offense under this section is non-compoundable, meaning it cannot be privately settled between the parties involved and must be prosecuted through legal proceedings.
  8. Cognizable and Bailable Offense:
    • BNS Section 185 is classified as a cognizable offense, which allows law enforcement to arrest without a warrant. However, it is also a bailable offense, meaning the accused can be released on bail while awaiting trial.
  9. Tried by Magistrate of the First Class:
    • Offenses under this section are triable by a magistrate of the first class, ensuring that cases are handled by experienced judicial authorities.
  10. Revenue Protection:
    • The primary purpose of this law is to protect government revenue by preventing the reuse or fraudulent handling of stamps, ensuring that every transaction is properly taxed or accounted for.

Two Examples of BNS Section 185

  1. Example 1:
    • A businessman purchases a used government revenue stamp and erases the mark indicating it was previously used. He then uses the same stamp for a new transaction, defrauding the government of revenue. Under BNS Section 185, he can be punished with up to three years of imprisonment, a fine, or both.
  2. Example 2:
    • A person buys a used stamp, knowing that the mark indicating previous use has been erased. He sells the tampered stamp to another individual for reuse. This act makes him guilty under BNS Section 185, and he faces legal consequences, including imprisonment and fines.

BNS 185 Punishment

  1. Punishment:
    • The maximum punishment for violating BNS Section 185 is up to three years of imprisonment.
  2. Fine:
    • Along with imprisonment, the offender may also be subject to a fine, with the specific amount being determined by the court based on the circumstances of the case.

Punishment for violating BNS Section 185, including imprisonment up to three years and a fine.
BNS 185 Punishment: Offenders can face up to three years of imprisonment and a court-determined fine based on the offense.

BNS 185 bailable or not ?

BNS Section 185 is classified as a bailable offense. This means that the accused has the right to be granted bail, allowing them to avoid being detained until the trial concludes, unless there are other serious charges involved.


Bharatiya Nyaya Sanhita Section 185

BNS SectionOffensePunishmentClassificationBailTrial Court
185Erasure of a mark denoting that a stamp has been usedImprisonment for 3 years, or fine, or bothCognizableBailableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 185

BNS Section 185 FAQs

What is the main purpose of BNS Section 185?

What is the punishment under BNS Section 185?

Is BNS Section 185 a bailable offense?

Yes, it is a bailable offense, meaning the accused can be released on bail until the trial.

Is the offense under BNS Section 185 cognizable or non-cognizable?

Who can try cases under BNS Section 185?

Can the offense under BNS Section 185 be settled outside court?


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