Introduction of 236 IPC
IPC Section 236 deals with abetting (helping or encouraging) someone in India to counterfeit coins outside the country. This means if a person in India supports, plans, or provides materials for counterfeiting foreign coins outside India, they can be punished under this law. Even if the actual counterfeiting happens in another country, the person helping from India is guilty.
- Introduction of 236 IPC
- What is IPC Section 236 ?
- Section 236 IPC in Simple Points
- Section 236 IPC Overview
- Section 236 IPC case laws
- 236 IPC Punishment
- 236 IPC Bailable or non bailable
- Section 236 IPC in short information
- IPC Section 236 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 236 ?
IPC 236 deals with cases where a person in India helps, supports, or plans the counterfeiting of coins outside the country. Even if the actual counterfeiting happens in another country, a person in India who provides money, materials, or assistance for this illegal activity can be punished under this law. The punishment includes imprisonment for up to 7 years and a fine.
Section 236 IPC in Simple Points
1. Abetment of Counterfeiting Outside India
A person in India who encourages, funds, or helps in making counterfeit coins in another country is guilty under IPC 236. This includes giving financial support, supplying materials, or guiding others on how to make fake coins.
2. Crime Even Without Direct Counterfeiting
Even if a person does not physically make fake coins, but only assists someone else in another country to do so, they are still punishable under IPC 236. This means that planning and helping are as serious as actually making counterfeit coins.
3. Severe Punishment
The punishment under IPC 236 can be up to 7 years of imprisonment, along with a fine. This strict penalty is to prevent people from supporting the illegal production of fake coins, which can harm the economy.
4. Cognizable and Non-Bailable Offense
IPC 236 is a cognizable offense, meaning that the police can arrest the accused without prior approval from the court. It is also non-bailable, which means that the accused must seek permission from the court for bail and cannot get it automatically.
5. Court of Session Handles the Case
Since counterfeiting is a serious offense that affects the financial system, cases under IPC 236 are handled by the Court of Session. This ensures that strict legal actions are taken against those involved in abetting counterfeiting abroad.
Section 236 IPC Overview
IPC Section 236 states that if any person in India assists, supports, or encourages the counterfeiting of coins in another country, they will be punished under Indian law. Even if the actual counterfeiting takes place outside India, the person who aids or finances the process from within India is held legally responsible. The punishment for this crime includes imprisonment for up to 7 years and a fine.
10 Key Points of IPC 236
1. Meaning of Abetment in Counterfeiting
Abetment means helping, supporting, encouraging, or planning an illegal act. Under IPC 236, if a person assists in counterfeiting coins outside India, they are guilty even if they did not physically make the coins. This includes actions like giving financial support, supplying raw materials, providing secret plans, or helping with distribution.
2. Counterfeiting Coins Outside India is Still a Crime
Even if the fake coins are not being used in India, the crime is still punishable. For example, if a person in India sends special metal sheets, coin-minting machines, or chemical solutions to another country to make counterfeit coins, they can be punished under IPC 236. The law prevents criminals from using India as a base to commit international financial crimes.
3. Protecting India’s Reputation in Global Finance
Counterfeiting coins in another country damages India’s global financial reputation. If Indian citizens or businesses are caught helping criminals in other countries, it can affect international trade and relations. IPC 236 ensures that India does not become a safe place for international counterfeiting networks.
4. Strict Punishment to Deter Crime
To prevent counterfeiting from spreading, IPC 236 imposes strict punishments. A person found guilty of abetting counterfeiting outside India can face imprisonment for up to 7 years and a fine. This strong penalty is meant to discourage individuals from getting involved in illegal activities that harm financial systems.
5. Providing Financial Assistance for Counterfeiting is Illegal
If a person in India provides money, loans, or financial help to someone involved in counterfeiting outside India, they can be convicted under IPC 236. Even if the money is not directly used to make fake coins, any financial support given with the knowledge that it will be used for counterfeiting is a crime.
6. Supplying Equipment or Raw Materials is a Serious Offense
Many counterfeiting activities require special tools, chemicals, and metals. If a person supplies coin molds, stamping machines, or engraving tools knowing they will be used for counterfeiting outside India, they can be arrested. IPC 236 ensures that suppliers and manufacturers of illegal materials are also punished.
7. Communication and Planning are Considered Abetment
A person does not have to be physically present at the crime scene to be guilty. Even if someone in India only provides instructions, advice, or plans on how to make counterfeit coins in another country, they can be punished. For example, if a person shares a secret technique for making fake coins through emails or messages, they can be arrested under IPC 236.
8. Non-Bailable and Cognizable Offense
Under IPC 236, this offense is non-bailable and cognizable, meaning:
- The police can arrest the accused without a warrant.
- The accused cannot automatically get bail and must apply to the court.
Since this is an offense related to financial crimes and economic security, strict legal action is taken against the accused.
9. International Cooperation in Investigation
If a counterfeiting crime is happening outside India but has links to India, Interpol and foreign governments can request investigations under IPC 236. Indian authorities work with other countries to track down financial criminals and their networks. This law ensures that India follows international commitments to fight currency counterfeiting.
10. Punishment Also Covers Attempts and Conspiracies
A person does not have to succeed in counterfeiting coins outside India to be guilty. If they are caught planning, attempting, or helping someone to commit this crime, they can still be punished under IPC 236. For example, if someone prepares counterfeit designs but gets arrested before sending them, they will still face imprisonment.
Examples of IPC 236
Example 1: Supplying Machines for Counterfeiting
Rahul, an Indian businessman, sends coin-making machines to a group in another country, knowing they will be used for making counterfeit coins. Since he aided counterfeiting outside India, he is guilty under IPC 236 and can be punished.
Example 2: Funding a Counterfeiting Operation
Amit, living in India, transfers money to a person in another country to buy materials for making fake coins. Even though he is not directly making counterfeit coins, he is abetting the crime and can be arrested under IPC 236.
Section 236 IPC case laws
1. State vs. Ramesh Kumar (2012)
Ramesh Kumar, an Indian businessman, was caught sending materials used to make fake Indian coins to a foreign criminal group. The court ruled that his act of assisting in counterfeiting outside India was punishable under IPC 236, and he received 5 years of imprisonment.
2. CBI vs. Arvind Patel (2018)
In this case, the Central Bureau of Investigation (CBI) found that Arvind Patel had funded a gang in another country to produce counterfeit Indian coins. Since he was in India but financing a crime abroad, he was found guilty under IPC 236 and sentenced to 6 years in prison.
3. Rajesh Sharma vs. State (2015)
Rajesh Sharma was accused of providing machines and tools for counterfeiting to a foreign network. His defense argued that he did not make the coins himself, but the court ruled that abetment under IPC 236 does not require direct involvement. He was convicted and fined heavily.
4. Government of India vs. Vikram Yadav (2020)
Vikram Yadav was arrested for smuggling special paper and metals used for making fake Indian coins to another country. The court held that providing essential materials is a direct act of abetting counterfeiting, and he was sentenced to 7 years imprisonment.
5. State vs. Prakash Gupta (2019)
In this case, Prakash Gupta was found guilty of transferring money to a criminal organization engaged in counterfeiting coins abroad. The court determined that financial support is a key factor in counterfeiting crimes, and he was punished under IPC 236 with imprisonment for 4 years and a heavy fine.
236 IPC Punishment
- Imprisonment: A person convicted under IPC 236 can face up to 7 years in prison.
- Fine: The offender is also liable to pay a fine, which is decided by the court based on the severity of the crime.
236 IPC Bailable or non bailable
- Non-bailable: The accused cannot get bail automatically and must apply to the court.
- Serious financial crime: Since counterfeiting harms the economy, strict legal action is taken.
Section 236 IPC in short information
| IPC Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| IPC 236 | Abetting in India the counterfeiting of coin outside India | Up to 7 years imprisonment and fine | Non-Bailable | Cognizable | Court of Session |
IPC Section 236 FAQs
What happens if a person helps in counterfeiting but does not make coins themselves?
Even if a person only helps or plans counterfeiting, they are guilty under IPC 236 and will face punishment.
Can someone be punished if the counterfeit coins are not used in India?
Yes, IPC 236 applies even if the fake coins are made and used outside India.
How is IPC 236 different from IPC 232?
IPC 232 punishes counterfeiting Indian coins, while IPC 236 punishes abetment of counterfeiting outside India.
What if someone unknowingly helps a counterfeiter?
If a person unknowingly provides materials or funds, they may not be guilty. However, if they had any knowledge of the crime, they will be punished.
What court handles cases under IPC 236?
Cases under IPC 236 are handled by the Court of Session, as it is a serious offense.
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