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Introduction of Section BNS 186

BNS 186 addresses the illegal creation, use, or possession of fictitious stamps—stamps that are falsely represented as being issued by the government for postal services. The section defines the offense and sets a fine for anyone involved in the production, sale, or use of such stamps. It also empowers authorities to seize and forfeit materials used to make these stamps.


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



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.


Fictitious postal stamps prohibited under BNS Section 186, including making, selling, or possessing false stamps.
BNS 186: Making, selling, or possessing fictitious stamps without a lawful excuse is punishable with fines and confiscation of materials.

BNS 186 in Simple Points

  1. Making or Using Fake Stamps: Anyone who makes or knowingly uses stamps that falsely appear to be government-issued for postal purposes is committing an offense.
  2. Possession of Fictitious Stamps: Having a fictitious stamp without a lawful reason is also illegal and punishable.
  3. Possession of Tools for Making Fake Stamps: It is a crime to possess any die, plate, or instrument used to make fictitious stamps without legal permission.
  4. Seizure and Forfeiture: Any fake stamps or tools found in someone’s possession can be seized by authorities and forfeited.
  5. Punishment: Offenders can face a fine of up to 200 rupees for making, possessing, or using fictitious stamps or the tools for making them.

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.

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.

BNS 186 – Punishment for Making or Using Fictitious Stamps
BNS 186: Punishment for creating, using, or selling fictitious stamps includes a fine of up to 200 rupees.

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.


Bharatiya Nyaya Sanhita Section 186

AspectDetails
Section Number186
OffenseProhibition of fictitious stamps
DefinitionMaking, selling, or using fake stamps
PunishmentFine up to 200 rupees
Seizure of MaterialsYes, can be seized and forfeited
Bailable or NotBailable
Cognizable or Non-cognizableCognizable
Compoundable or Non-compoundableNon-compoundable
Trial CourtMagistrate Court
Bharatiya Nyaya Sanhita Section 186

BNS Section 186 FAQs

What is a fictitious stamp?

A fictitious stamp is a fake stamp that looks like it was issued by the government for postal purposes, but it’s not real.

What happens if someone is caught using a fake stamp?

Is BNS Section 186 a bailable offense?

Can someone be arrested without a warrant for this offense?

What is the penalty for possessing tools to make fake stamps?


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