BNS 186 : Prohibition of fictitious stamps.

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Introduction of Section BNS 186

BNS 186 deals with the prohibition of fictitious stamps. A fictitious stamp is any false, imitation, or unauthorized stamp that pretends to be issued by the government for postal use. The law criminalizes making, selling, using, or possessing such stamps and even penalizes those who hold tools or materials meant for producing them. To safeguard government revenue and maintain the integrity of postal services, this section prescribes fines and authorizes the seizure and forfeiture of counterfeit stamps and related equipment.

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The Bharatiya Nyaya Sanhita (BNS) Section 186 replaces the old Indian Penal Code (IPC) Section 263-A.

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What is BNS Section 186 ?

Section 186 of the Bharatiya Nyaya Sanhita (BNS) focuses on prohibiting the making, selling, or using of fictitious stamps. Fictitious stamps are false representations of government-issued postal stamps. Anyone caught making, selling, or possessing these stamps without a lawful excuse can be fined and have their materials confiscated.

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Under Section 186 of the bns act 2023

Whoever, without lawful excuse, makes, sells or uses any fictitious stamp, or has in his possession any fictitious stamp, or any die, plate, instrument or material for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees; and such stamp, die, plate, instrument or material shall be forfeited to Government.

1. Meaning of “Fictitious Stamp”

• A fictitious stamp means a stamp that is not issued by the Government, but is made to look like an official postal or revenue stamp.
• These may be copies, imitations, or false designs created to deceive.
• Example: A private person prints a fake ₹10 postage stamp and tries to use it for mailing a letter.

Thus, the law punishes not only making such fake stamps, but also using, selling, or even possessing them without a valid excuse.

2. Who is Covered?

This section applies to any person who:

• Creates or prints fictitious stamps.
• Uses such stamps as if they were genuine.
• Sells or distributes them to others.
• Keeps them in possession without a lawful reason.
• Possesses tools, plates, or instruments for making such stamps.

Even if the stamps were not actually used, mere possession with knowledge is enough to be guilty.

3. Nature of the Offense

• Cognizable → Police can arrest without a warrant.
• Bailable → The accused can apply for bail and be released during trial.
• Non-compoundable → Cannot be privately settled, must go through court.
• Triable by Magistrate → Any Magistrate can hear and decide such cases.

4. Examples of BNS Section 186

Example 1 – Using a Fake Stamp
A person pastes a self-printed stamp on an envelope to avoid buying a genuine postal stamp. This is punishable under BNS 186.

Example 2 – Possession of Tools
A shopkeeper is found with printing plates and ink used to make counterfeit stamps. Even if he hasn’t sold any, he is guilty under this section.

Example 3 – Selling Imitation Stamps
A trader sells look-alike stamps that resemble real postal stamps but are not issued by the government. He is liable under BNS 186.

Example 4 (Not Guilty Case)
If a person unknowingly buys a decorative sticker that looks like a stamp but is not intended for postal use, and has no fraudulent intent, they are not guilty.

5. Punishment under BNS Section 186

• Fine only → Up to ₹200.
• Forfeiture → All fictitious stamps and tools found will be seized by the Government.
• No imprisonment → Unlike counterfeiting coins or currency, this section only provides for a fine, as it is considered a less serious offense.

6. Importance of BNS Section 186

• Protects Postal System → Ensures only genuine government-issued stamps are used.
• Prevents Fraud → Stops people from cheating the postal or revenue system.
• Seizure & Forfeiture → Dismantles the supply chain by confiscating fake stamps and tools.
• Maintains Public Trust → Ensures that citizens can rely on stamps as authentic instruments of government service.

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Section 186 BNS Overview

BNS Section 186 defines a fictitious stamp as any false or imitation stamp that claims to be issued by the government for postal purposes. This section covers offenses related to making, dealing with, or using such fake stamps without lawful excuse.

BNS Section 186 :10 key points

1. Creating or Using Fake Stamps:

• This point makes it illegal for anyone to knowingly create or use a fake postage stamp. A fictitious stamp is any stamp that pretends to be issued by the government but isn’t real. If a person uses such a fake stamp for mailing purposes or tries to sell it, they are breaking the law.

2. Possession of Fictitious Stamps:

• If someone is found in possession of fake stamps, they can be punished unless they have a legal reason to have them. For example, if a person unknowingly has fake stamps, they might not be punished. But if the person knows the stamps are fake and still keeps them without a valid reason, they are guilty of this offense.

3. Making Tools to Create Fake Stamps:

• This point refers to making or possessing the tools or materials used to produce fake stamps. These can include items like dies (used for printing stamps), plates, or instruments that can be used to create counterfeit stamps. If someone owns or makes such tools without permission, they are committing a crime, even if they haven’t yet produced a fake stamp.

4. Penalty for the Offense:

• The penalty for making, using, or possessing fake stamps, or the tools to make them, is a fine of up to 200 rupees. Though the punishment is limited to a fine, the law still takes these actions seriously because they involve fraud against the postal system.

5. Seizure of Materials:

• If authorities find fake stamps or tools used to make fake stamps in someone’s possession, they have the legal right to seize (take away) these items. The government can confiscate them, and they will no longer belong to the person who had them.

6. Forfeiture of Seized Items:

• Once the fake stamps or materials are seized, they are considered forfeited. This means the person loses all rights to these items, and the government permanently keeps them. The items cannot be returned or claimed back by the person involved.

7. Definition of Fictitious Stamp:

• A fictitious stamp is defined as any stamp that pretends to be issued by the government but isn’t. This can be a fake copy of a real postage stamp or even an imitation of a stamp made to deceive people into thinking it’s genuine. The law covers all forms of fake stamps, whether they are printed on paper or made using other materials.

8. Includes Imitations and Copies:

• Not only exact copies of government-issued stamps are covered under this section, but also any imitation or representation of a real stamp. Even if the fake stamp doesn’t look exactly like the real one but is close enough to trick someone, it is still considered a fictitious stamp.

9. Applicability in India and Abroad:

• The term “Government” in this law applies to both the Indian government and foreign governments. This means that creating or using counterfeit stamps that look like they were issued by any foreign government is also an offense under this section. So, fake stamps from other countries are equally punishable in India.

10. Offense Classification:

• This offense is classified as cognizable, which means the police can arrest someone without a warrant if they are found violating this law. It is also bailable, meaning the accused can apply for bail. The crime is non-compoundable, so it cannot be settled between the parties outside the court. The trial for this offense will be conducted by any Magistrate in a court of law.

Examples of BNS Section 186 in Action

1. Example 1: A person is found using a homemade stamp that looks like a government-issued postage stamp to send letters. They are caught and fined under Section 186 for using a fictitious stamp for postal purposes.
2. Example 2: A shopkeeper is found with tools used to create fake postage stamps. Even though they haven’t used the stamps yet, their possession of these tools without a lawful excuse leads to a fine, and the tools are confiscated by the government.

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BNS 186 Punishment

1. Punishment for Making or Using Fictitious Stamps:
   • Anyone who knowingly makes, uses, or sells fake stamps, or possesses tools to create them, can be punished. The offense is considered serious because it affects the integrity of the postal system.
2. Fine for Violation:
   • The punishment for violating this section is a fine of up to 200 rupees. Though the fine is not large, the law is designed to stop the illegal use and production of fake stamps.

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BNS 186 bailable or not ?

Yes, BNS Section 186 is bailable. This means that a person accused of violating this section can apply for bail and avoid being kept in custody until their trial.

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Comparison Table – BNS 186 vs IPC 263A

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BNS Section 186 FAQs

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Conclusion

BNS Section 186 reinforces the prohibition of fictitious stamps to safeguard government revenue and maintain trust in postal services. By penalizing the making, use, or possession of such stamps—and by empowering authorities to seize and forfeit them—the law ensures strict compliance. While its punishment is limited to a fine, the deterrence lies in confiscation and legal consequences. Compared to IPC Section 263A, the provision remains largely the same but is incorporated in the Bharatiya Nyaya Sanhita for modern legislative clarity.

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