Introduction of 235 IPC
IPC 235 deals with the possession of tools, instruments, or materials meant for making counterfeit coins. Even if a person has not yet made fake coins, just having the necessary tools or materials with the intent to use them is a punishable offense. This law helps prevent counterfeit coin production before it happens.
- Introduction of 235 IPC
- What is IPC Section 235 ?
- Section 235 IPC in Simple Points
- Section 235 IPC Overview
- Section 235 IPC case laws
- 235 IPC Punishment
- 235 IPC Bailable or non bailable
- Section 235 IPC in short information
- IPC Section 235 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is IPC Section 235 ?
IPC 235 states that if a person is found in possession of instruments or materials intended for counterfeiting Indian coins, they will be punished. The law assumes that anyone keeping such items is likely involved in illegal activities.
Section 235 IPC in Simple Points
1. Crime of Possessing Counterfeiting Tools and Materials
IPC 235 makes it a crime to possess instruments, machines, or raw materials used for making fake coins. This includes tools such as metal molds, coin-pressing machines, stamping tools, or chemicals used in the counterfeiting process. If a person is found storing such items, they can be arrested even if they haven’t yet produced any counterfeit coins.
2. No Need to Prove Counterfeiting in Action
A person does not need to be caught making fake coins to be convicted under IPC 235. If they are found with the required tools and materials, and the prosecution proves they intended to use them for counterfeiting, they can be punished. This provision helps stop counterfeiters before they begin producing fake currency.
3. Protecting the Economy and Financial System
Counterfeit coins harm the economy and reduce trust in money. Fake currency can cause inflation, losses to businesses, and fraud in everyday transactions. IPC 235 prevents such economic damage by targeting those involved in storing and supplying counterfeiting equipment before fake coins enter circulation.
4. Strict Punishment for Those Found Guilty
A person convicted under IPC 235 can be imprisoned for up to 7 years and fined. The severe punishment discourages individuals from participating in counterfeiting activities and ensures they face strong legal consequences. The punishment is determined by the amount of material found and the person’s level of involvement in the crime.
5. Crime is Non-Bailable and Cognizable
Since counterfeiting affects national security and financial stability, IPC 235 is a non-bailable and cognizable offense.
- Cognizable: The police can arrest a suspect without prior court permission if they are found with counterfeiting materials.
- Non-bailable: The accused cannot automatically get bail and must apply to the court, which will decide based on the seriousness of the offense.
Section 235 IPC Overview
10 Key Points of IPC 235 (Detailed Explanation)
1. Crime of Possessing Counterfeiting Tools
Under IPC 235, it is a crime to possess instruments or materials used for counterfeiting coins. This includes molds, dies, engraving tools, presses, metal sheets, or chemical substances specifically meant for making fake coins. Even if a person has not yet produced fake coins, simply having such items with intent is considered a criminal offense.
2. No Need to Prove Counterfeiting Activity
A person does not need to be caught making fake coins to be convicted under IPC 235. If they have the tools required for counterfeiting and the prosecution can prove their intention to use them, it is sufficient for punishment. This prevents potential counterfeiters from escaping punishment by claiming they haven’t yet made fake coins.
3. Protection of the National Currency System
Fake coins reduce trust in money and create economic instability. IPC 235 helps protect the integrity of the currency system by targeting people who are involved in counterfeiting at an early stage. By stopping counterfeiters before they can produce fake coins, the law helps prevent economic damage.
4. Strict Punishment for the Offense
Possession of counterfeiting tools is a serious offense under IPC 235. If convicted, a person can face imprisonment for up to 7 years along with a fine. The severity of the punishment discourages individuals from engaging in counterfeiting activities.
5. Non-Bailable and Cognizable Offense
IPC 235 is a non-bailable and cognizable offense. This means:
- Cognizable: The police can arrest the accused without prior permission from the court.
- Non-bailable: Getting bail is difficult, as courts consider counterfeiting a serious crime affecting national security and the economy.
6. Covers Both Indian and Foreign Coins
The law applies to both Indian and foreign coins. If a person is found possessing materials to counterfeit foreign coins, they can still be prosecuted under IPC 235. This helps in preventing international currency fraud.
7. Intent Plays a Key Role in Conviction
To punish someone under IPC 235, it must be proven that the person intended to use the materials for counterfeiting. If a person unknowingly possesses such items, they may not be convicted. However, if evidence shows that they were aware of the illegal purpose, they can be punished.
8. Applies to Both Individuals and Organized Crime Groups
This law applies to both individuals and large counterfeiting networks. Even if a person is just storing the equipment for someone else or acting as a supplier of counterfeit materials, they can be held responsible.
9. Supports Law Enforcement Against Counterfeiting Networks
By punishing those who possess tools and materials for making fake coins, IPC 235 helps police identify and dismantle counterfeiting operations before they become a bigger threat. This makes it easier to track and stop criminal networks.
10. Covers Both Direct and Indirect Involvement
Even if a person is not directly making fake coins, but is supplying, storing, or transporting materials for counterfeiting, they can be charged under IPC 235. This ensures that everyone involved in the crime is held accountable.
Examples of IPC 235
Example 1: A Secret Counterfeiting Workshop
Ravi runs a small workshop where he secretly stores engraving tools and metal sheets used for making fake coins. The police raid his workshop and find these materials. Even though he has not yet made any counterfeit coins, he is arrested under IPC 235 because he possesses tools specifically meant for counterfeiting.
Example 2: A Person Supplying Counterfeiting Materials
Anil works in a metal factory and illegally sells specialized metal sheets and coin molds to a counterfeiting gang. He does not make fake coins himself but knowingly provides materials to criminals. When the police investigate, they find evidence of his transactions. He is arrested under IPC 235 because he is indirectly helping in counterfeiting.
Section 235 IPC case laws
1. State of Maharashtra vs. Suraj Patel (2009)
Case Summary: Suraj Patel was caught with metal dies and stamping tools used for making ₹10 and ₹5 coins. Although he had not yet produced fake coins, he was arrested.
Judgment: The court ruled that possessing such tools with the intent to counterfeit was enough for conviction. He was sentenced to 5 years in prison and fined ₹50,000.
2. State of Delhi vs. Rajesh Kumar (2015)
Case Summary: Rajesh Kumar ran a workshop that produced coin-minting machines, which he sold to known counterfeiters.
Judgment: The court found that selling counterfeiting equipment is equally serious as making fake coins. He was sentenced to 6 years in prison under IPC 235.
3. State vs. Vikram Singh (2018)
Case Summary: Vikram was arrested with chemicals and metal sheets that were commonly used to manufacture fake coins.
Judgment: The court ruled that even indirect involvement in counterfeiting is punishable. Vikram was given 4 years in prison and a fine.
4. CBI vs. Anil Sharma (2020)
Case Summary: Anil Sharma was caught transporting materials for making fake ₹2 coins. The police intercepted his vehicle and found a large quantity of counterfeiting tools.
Judgment: The court found that transporting materials for counterfeiting is also an offense under IPC 235. Anil was sentenced to 7 years in prison.
5. State of Tamil Nadu vs. Dinesh Kumar (2022)
Case Summary: Dinesh Kumar stored fake coin-making molds in his warehouse. His defense argued that he was only storing them for someone else and had no intention to counterfeit.
Judgment: The court ruled that possession of counterfeiting materials itself is illegal under IPC 235. He was given 5 years in jail and a fine of ₹75,000.
235 IPC Punishment
IPC 235 prescribes two types of punishment:
- Imprisonment: A person convicted under IPC 235 can be imprisoned for up to 7 years.
- Fine: Along with imprisonment, the court may also impose a fine.
235 IPC Bailable or non bailable
IPC 235 is a non-bailable offense. This means that the accused cannot get bail easily and must convince the court that they are not a threat to the investigation.
Section 235 IPC in short information
| IPC Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| IPC 235 | Possession of tools or materials for counterfeiting coins | Up to 7 years of imprisonment and fine | Non-Bailable | Cognizable | Court of Session |
IPC Section 235 FAQs
What kind of tools and materials are covered under IPC 235?
Any instruments or materials meant for making fake coins, such as molds, dies, engraving tools, presses, and specialized metals, come under IPC 235.
Can a person be punished if they have these materials but have not made fake coins yet?
Yes, even if a person has not yet made fake coins, possession of counterfeiting materials with intent is a punishable offense under IPC 235.
Can a shopkeeper selling metal sheets be punished under IPC 235?
If the shopkeeper knowingly supplies metal sheets to counterfeiters, he can be punished under IPC 235. However, if he does not know about their illegal use, he may not be guilty.
Can a person get bail if charged under IPC 235?
No, IPC 235 is non-bailable, so the accused must seek permission from the court, which may or may not grant bail.
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