Section 234 IPC: Making or Selling Instrument for Counterfeiting Indian Coin
Section 234 of the Indian Penal Code, 1860 dealt with making, mending, buying, selling or disposing of a die or instrument intended for counterfeiting Indian coin. This article explains the provision under the criminal law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force.
Section 234 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 Indian coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Historical amendment note: The Adaptation of Laws Order, 1950 substituted the words "Indian coin" for "the Queen's coin".
Meaning of Section 234 IPC
Section 234 targeted the preparation, repair and commercial or other transfer of a die or instrument connected with counterfeiting Indian coin. The section covered a person who made or mended such an instrument, took part in making or mending it, bought it, sold it or otherwise disposed of it.
The provision also required a specific mental connection with counterfeiting. The instrument had to be dealt with for the purpose of being used to counterfeit Indian coin, or the accused had to know or have reason to believe that it was intended to be used for that purpose.
Essential Ingredients
- There must be a die or instrument connected with the intended counterfeiting of Indian 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 to counterfeit Indian coin, or the accused must know or have reason to believe that it is intended for that purpose.
- The prosecution must establish the required act and mental element from the evidence in the particular case.
Punishment and Classification Under the Pre-BNS Law
| Offence | Making, buying or selling an instrument for the purpose of counterfeiting Indian coin |
|---|---|
| Punishment | Imprisonment of either description for a term which may extend to 7 years and fine |
| Cognizable | Yes |
| Bail | Non-bailable |
| Triable by | Magistrate of the first class |
Section 233 and Section 234 IPC - Legal Distinction
Section 233 dealt generally with an instrument intended for counterfeiting coin and prescribed imprisonment up to three years plus fine. Section 234 specifically concerned an instrument intended for counterfeiting Indian coin and prescribed the higher punishment of imprisonment up to seven years plus fine. The identity of the coin intended to be counterfeited was therefore material to the applicable provision and punishment.
Related IPC Provisions
Section 234 appeared in Chapter XII of the IPC, which dealt with offences relating to coin and Government stamps. Closely related provisions included Section 230 defining coin for that chapter, Section 231 concerning counterfeiting coin, Section 232 concerning counterfeiting Indian coin, Section 233 concerning instruments for counterfeiting coin, and Section 235 concerning possession of instruments or materials intended for counterfeiting.
Practical Legal Point
The existence of a die or instrument alone did not reproduce the complete wording of the offence. Section 234 expressly linked criminal liability to the purpose of counterfeiting Indian coin or to knowledge or reason to believe that the instrument was intended to be used for that purpose. The evidence concerning possession, manufacture, repair, sale, purchase or disposal therefore had to be considered together with the statutory mental element.
Official Legal Sources
For authoritative statutory text, the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 may be consulted through India Code.
Indian Penal Code, 1860 - India Code
Code of Criminal Procedure, 1973 - India Code