Section 236 IPC: Abetting in India the Counterfeiting Outside India of Coin
Section 236 of the Indian Penal Code, 1860 dealt with a person within India who abetted the counterfeiting of coin outside India. It applied the same punishment that would follow if the person had abetted the counterfeiting of that coin within India.
Section 236 IPC - Statutory Provision
Whoever, being within India, abets the counterfeiting of coin out of India shall be punished in the same manner as if he abetted the counterfeiting of such coin within India.
Historical amendment note: The words "British India" were successively substituted through the Adaptation of Laws Order, 1948, the Adaptation of Laws Order, 1950, and Act 3 of 1951, section 3 and the Schedule, resulting in the word "India" in the provision.
Meaning of Section 236 IPC
Section 236 addressed the cross-border location of the counterfeiting activity. Its focus was on a person who was within India when that person abetted counterfeiting that was to take place outside India. The section prevented the foreign location of the counterfeiting from removing the Indian abettor from the IPC punishment framework.
The provision did not prescribe one independent fixed term of imprisonment. Instead, it directed that the person be punished in the same manner as if the counterfeiting being abetted had occurred within India. The applicable punishment therefore depended on the underlying coin-counterfeiting offence.
What Is Abetment Under the IPC?
For the pre-BNS IPC framework, the concept of abetment was principally defined in Section 107 IPC. In broad terms, Section 107 covered instigating a person to do a thing, engaging in a conspiracy for doing that thing where an act or illegal omission occurred in pursuance of the conspiracy, or intentionally aiding the doing of that thing by an act or illegal omission. The requirements of the applicable abetment provisions had to be established on the facts of the case.
Essential Ingredients of Section 236 IPC
- The accused must be within India for the abetment addressed by Section 236.
- There must be abetment of the counterfeiting of coin.
- The counterfeiting being abetted must occur or be intended to occur outside India.
- The conduct must satisfy the applicable legal requirements of abetment under the IPC.
- Punishment follows the rule stated in Section 236: the accused is punished as though the counterfeiting abetted had occurred within India.
Punishment Under Section 236 IPC
| Nature of offence | Abetting within India the counterfeiting of coin outside India |
|---|---|
| Punishment | The punishment provided for abetting the counterfeiting of such coin within India |
| Fixed punishment in Section 236 itself | No. The punishment is linked to the corresponding underlying counterfeiting offence. |
Procedural Classification
Because Section 236 adopts the punishment applicable to abetting the relevant counterfeiting within India, the precise procedural consequences should be read with the underlying offence and the applicable abetment provisions. The First Schedule to the Code of Criminal Procedure, 1973 should therefore be consulted for the relevant offence rather than treating Section 236 as prescribing one universal punishment or trial forum for every factual situation.
Section 231, Section 232 and Section 236 IPC
Section 231 dealt with counterfeiting coin generally, while Section 232 dealt specifically with counterfeiting Indian coin and prescribed a more severe punishment. Section 236 dealt with abetment occurring within India when the counterfeiting itself took place outside India. Accordingly, the character of the coin and the underlying counterfeiting offence remained relevant to the punishment attracted through Section 236.
Cross-Border Purpose of the Provision
The section made the foreign location of the physical counterfeiting immaterial to the punishment of a person who abetted it from within India. Its wording expressly required the Indian abettor to be punished in the same manner as if the counterfeiting of that coin had been abetted within India.
Related IPC Provisions
Section 236 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Important connected provisions included Section 230 defining coin, Sections 231 and 232 dealing with counterfeiting coin and Indian coin, Sections 233 to 235 dealing with instruments and materials used for counterfeiting, and Sections 237 and 238 dealing with import or export of counterfeit coin.
Official Legal Sources
For authoritative statutory text and the pre-BNS procedural framework, consult the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 through India Code.
Indian Penal Code, 1860 - India Code
Code of Criminal Procedure, 1973 - India Code