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Introduction of BNS 188

BNS 188 deals with the unlawful removal of coining tools or instruments from an authorized mint in India. This law focuses on ensuring the protection of minting equipment, which is critical for producing legal currency. Violation of this section results in severe penalties, including imprisonment and fines.


The Bharatiya Nyaya Sanhita (BNS) Section 188 replaces the old Indian Penal Code (IPC) Section 245.



What is BNS Section 188 ?

Section 188 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the unauthorized removal of coining instruments from any legally established mint in India. The section emphasizes the importance of safeguarding these tools, which are crucial for producing official currency, and prescribes penalties for offenders.


BNS 188 - Unauthorized Removal of Coining Instruments
BNS 188 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the unauthorized removal of coining instruments from legal mints in India.

BNS 188 in Simple Points

  1. What Does Section 188 Cover?
    • BNS Section 188 deals with the illegal removal of coining tools or instruments from a mint. A mint is a place where official coins are produced for the country. The law says that anyone who takes these tools without permission is committing a crime. These tools are essential for making legitimate currency, so their removal can lead to counterfeit money or disrupt the financial system.
  2. Why is This Crime Serious?
    • The tools used in a mint are crucial for creating official currency. If someone takes these tools, they could use them to make fake money. This is dangerous because counterfeit money can harm the economy. The law treats this offense very seriously because it threatens the entire country’s financial system. It is not just a theft—it’s an attack on the integrity of the nation’s currency.
  3. Punishment for Breaking This Law
    • If someone is found guilty of this crime, they can be sentenced to prison for up to seven years. The law recognizes that taking coining tools is a grave offense, so the punishment is severe. The length of the sentence depends on how serious the crime is. Along with imprisonment, the court may also impose a fine, but the exact amount will depend on the case.
  4. Is the Offense Bailable?
    • No, this offense is classified as non-bailable, which means the accused person does not have the right to bail automatically. The court has the discretion to grant or deny bail based on the specifics of the case. Since it’s non-bailable, the person accused may have to stay in custody until the trial is completed, reflecting the seriousness of the crime.
  5. Who Can Arrest and Handle This Case?
    • This offense is cognizable, meaning that the police can arrest the suspect without a warrant. Immediate action can be taken by the authorities to prevent further damage. The case is tried in front of a Magistrate of the first class, a lower court official who has the authority to handle such serious but manageable cases.

Section 188 BNS Overview

BNS Section 188 defines the illegal act of taking coining instruments out of a mint without proper legal authority. These instruments are crucial for minting coins and currency. The law imposes both imprisonment and fines on individuals who commit this offense, with the goal of ensuring that the minting process remains secure and free from tampering.

BNS Section 188 Explained in Detail: 10 Key Points

  1. What is BNS Section 188?
    • BNS Section 188 deals with the unlawful act of removing coining tools or instruments from any mint that is lawfully established in India. It aims to protect the minting process, which is crucial for producing legal currency for the country. Any unauthorized removal of these tools is treated as a serious criminal offense.
  2. Purpose of BNS Section 188
    • The primary goal of this law is to safeguard the integrity of currency production. Coining tools are essential for creating coins and other forms of currency. Unauthorized removal or theft of these tools can lead to illegal minting, counterfeit currency, or other financial frauds that could destabilize the economy.
  3. Who is Subject to this Law?
    • This section applies to anyone who unlawfully removes minting tools from an official mint in India. These could be employees of the mint, contractors, or any other individual who gains unauthorized access to the mint’s equipment.
  4. Imprisonment under Section 188
    • If found guilty of unlawfully taking coining instruments, a person can face imprisonment. The law allows for a maximum sentence of up to seven years. This severe punishment reflects the seriousness of tampering with tools essential for national currency production.
  5. Fine in Addition to Imprisonment
    • Besides imprisonment, the offender can also be subjected to a monetary fine. The exact amount of the fine is not specified but will be determined based on the severity of the offense and other factors by the court.
  6. Why is This Offense Cognizable?
    • A cognizable offense means that the police can arrest the person without needing a warrant. This is significant because it shows that the authorities view this offense as a serious crime that requires immediate action to prevent further damage or criminal activity.
  7. Non-Bailable Offense
    • Since this offense is classified as non-bailable, the accused cannot automatically get bail. The court has the discretion to grant or deny bail, making it more difficult for the accused to be released while the trial is ongoing.
  8. Non-Compoundable Offense
    • Non-compoundable means that the offense cannot be privately settled between the parties involved. Once the case is filed, it must go through the legal process, and only the court can decide the outcome. This ensures that offenses involving national currency production are dealt with in the public interest.
  9. Trial by Magistrate of the First Class
    • Cases under Section 188 are tried by a Magistrate of the first class. This indicates that the case is serious but falls within the jurisdiction of a lower court that handles less severe criminal matters compared to sessions courts.
  10. Protection of National Security
    • By criminalizing the unlawful removal of minting tools, BNS Section 188 indirectly protects the nation’s financial security. Unauthorized access to minting tools could lead to counterfeit currency production, which can severely impact national security and economic stability.

Examples of BNS Section 188

  1. Example 1:
    A mint employee, without any authorization, removes a tool used for coining currency from the mint and sells it to a third party. The employee is caught by the authorities. Under BNS Section 188, they are charged with the unlawful removal of coining instruments and face up to seven years in prison and a fine.
  2. Example 2:
    A person posing as a worker at a mint enters the facility and attempts to steal a coining tool to produce counterfeit coins. The security apprehends the person, and they are charged under Section 188, leading to imprisonment and a heavy fine. The court considers the severity of the crime since it directly threatens the nation’s currency system.

BNS 188 Punishment

Imprisonment: A person found guilty under BNS 188 can be sentenced to a maximum of seven years in prison.

Fine: In addition to imprisonment, the offender is also subject to a monetary fine.


BNS 188 Punishment - Imprisonment and Fine
188 BNS Punishment includes up to seven years of imprisonment and a fine for unauthorized removal of coining instruments

BNS 188 bailable or not ?

No, BNS Section 188 is non-bailable, meaning bail is not automatically granted, and the accused may have to remain in custody while awaiting trial.


Bharatiya Nyaya Sanhita Section 188

BNS SectionOffensePunishmentClassificationBailTrial Court
BNS 188Unlawful removal of coining tools from a mintImprisonment up to 7 years and fineCognizable, Non-bailable, Non-compoundableNon-bailableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 188

BNS Section 188 FAQs

What does BNS Section 188 prohibit?

What is the maximum punishment under Section 188?

Who can be tried under this section?

Anyone found unlawfully taking minting tools without permission can be tried under this section.

What type of court handles cases under Section 188?

What is the classification of the offense under Section 188?


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