Section 235 IPC: Possession of Instrument or Material for Counterfeiting Coin
Section 235 of the Indian Penal Code, 1860 dealt with possession of an instrument or material intended for counterfeiting coin. It prescribed a higher punishment where the coin intended to be counterfeited was Indian coin.
Section 235 IPC - Statutory Provision
Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
If Indian coin. And if the coin to be counterfeited is Indian coin, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Historical amendment note: The Adaptation of Laws Order, 1950 substituted "Indian coin" for "the Queen's coin".
Meaning of Section 235 IPC
The section criminalised possession of an instrument or material when the possession had the required connection with counterfeiting coin. The provision did not depend only on physical possession. Its wording required either possession for the purpose of using the instrument or material for counterfeiting coin, or knowledge or reason to believe that it was intended to be used for that purpose.
The second part imposed substantially greater punishment when the coin intended to be counterfeited was Indian coin. The nature of the intended counterfeit therefore affected both punishment and the court competent to try the offence under the pre-BNS procedural classification.
Essential Ingredients
- The accused must be in possession of an instrument or material.
- The instrument or material must be possessed for use in counterfeiting coin, or the accused must know or have reason to believe that it is intended to be used for that purpose.
- For the aggravated second branch, the coin intended to be counterfeited must be Indian coin.
- The required purpose, knowledge or reason to believe must be established from the evidence and circumstances of the particular case.
Punishment and Classification Before BNS
| Part of Section 235 | Punishment | Cognizable | Bail | Triable by |
|---|---|---|---|---|
| Possession for counterfeiting coin generally | Imprisonment of either description up to 3 years and fine | Yes | Non-bailable | Magistrate of the first class |
| If the coin to be counterfeited is Indian coin | Imprisonment of either description up to 10 years and fine | Yes | Non-bailable | Court of Session |
Why the Mental Element Matters
Section 235 did not describe every possession of machinery, tools or materials as an offence. The statutory connection with counterfeiting was essential. The prosecution therefore had to prove the purpose for which the article was possessed, or prove circumstances establishing that the accused knew or had reason to believe that the article was intended to be used for counterfeiting coin.
Related IPC Provisions
Section 235 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Section 230 defined "coin" for the purposes of that chapter. Sections 231 and 232 dealt with counterfeiting coin and Indian coin respectively, while Sections 233 and 234 dealt with making or selling instruments for counterfeiting coin and Indian coin.
Section 234 and Section 235 IPC - Difference
Section 234 concerned making, mending, buying, selling or disposing of a die or instrument intended for counterfeiting Indian coin. Section 235 instead focused on possession of an instrument or material with the prescribed purpose, knowledge or reason to believe. Thus, the provisions addressed different forms of conduct even though both were directed against preparation for coin counterfeiting.
Official Legal Sources
The statutory provision and its procedural classification should be checked against the official Indian Penal Code and the First Schedule to the Code of Criminal Procedure, 1973.
Indian Penal Code, 1860 - India Code
Code of Criminal Procedure, 1973 - India Code