Section 233 IPC: Making or Selling Instrument for Counterfeiting Coin
Section 233 of the Indian Penal Code, 1860 dealt with making, mending, buying, selling or disposing of a die or instrument intended for counterfeiting coin. This article explains the provision and its procedural classification under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force.
Section 233 IPC - Statutory Provision
Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Meaning of Section 233 IPC
The provision targeted tools used for counterfeiting coin. Liability was not confined to the person who actually manufactured a counterfeiting instrument. It extended to a person who made or repaired it, participated in making or repairing it, or bought, sold or otherwise disposed of it when the required connection with counterfeiting coin was present.
The mental element was important. The act had to be done for the purpose of the instrument being used to counterfeit coin, or with knowledge or reason to believe that the instrument was intended for that purpose. Mere handling of an ordinary tool, without the required purpose, knowledge or reason to believe, would not by itself satisfy the wording of Section 233.
Essential Ingredients of the Offence
- There must be a die or other instrument capable of being connected with the counterfeiting of coin.
- The accused must make, mend, participate in making or mending, buy, sell or dispose of that die or instrument.
- The act must be for the purpose of using the instrument for counterfeiting coin, or the accused must know or have reason to believe that it is intended to be used for that purpose.
- The required purpose, knowledge or reason to believe must be proved from the facts and evidence of the particular case.
Punishment and Classification Before BNS
| Offence | Making, buying or selling an instrument for the purpose of counterfeiting coin |
|---|---|
| Punishment | Imprisonment of either description for a term which may extend to 3 years and fine |
| Cognizable | Yes |
| Bail | Non-bailable |
| Triable by | Magistrate of the first class |
Difference Between Sections 233 and 234 IPC
Section 233 applied to an instrument intended for counterfeiting "coin" and carried imprisonment up to three years plus fine. Section 234 specifically dealt with an instrument intended for counterfeiting "Indian coin" and prescribed a higher punishment of imprisonment up to seven years plus fine. The distinction was therefore significant under the former IPC scheme.
Related IPC Provisions
Section 233 formed part of Chapter XII of the Indian Penal Code dealing with offences relating to coin and Government stamps. Closely connected provisions included Section 231 on counterfeiting coin, Section 232 on counterfeiting Indian coin, Section 234 on instruments for counterfeiting Indian coin, and Section 235 on possession of instruments or materials for counterfeiting coin.
Pre-BNS Legal Context
This article is intentionally confined to the law applicable before the commencement of the Bharatiya Nyaya Sanhita, 2023. For conduct occurring on or after 1 July 2024, the applicable provision should be examined under the Bharatiya Nyaya Sanhita and the corresponding procedural law. For conduct governed by the former IPC, the repeal-and-savings provisions must also be considered according to the facts and procedural stage of the matter.
Official Legal Sources
The statutory wording and procedural classification can be checked in the official texts published through India Code. The commencement of the Bharatiya Nyaya Sanhita, 2023 was notified by the Ministry of Home Affairs with effect from 1 July 2024.
Indian Penal Code, 1860 - India Code
Code of Criminal Procedure, 1973 - India Code
Bharatiya Nyaya Sanhita, 2023 - India Code