Section 239 IPC: Delivery of Coin Possessed with Knowledge That It Is Counterfeit
Section 239 of the Indian Penal Code, 1860 applied where a person knew a coin was counterfeit when taking possession of it and thereafter fraudulently delivered it, or attempted to induce another person to receive it.
Section 239 IPC - Statutory Provision
Whoever, having any counterfeit coin, which at the time when he became possessed of it, he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any persons or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Meaning of Section 239 IPC
Section 239 addressed fraudulent circulation or attempted circulation of counterfeit coin by a person who already knew the coin was counterfeit at the time it came into that person's possession. The timing of that knowledge was a specific element of the provision.
The section covered both completed delivery and an attempt to induce another person to receive the counterfeit coin. It additionally required fraudulent conduct or an intent that fraud may be committed.
Essential Ingredients
- The accused must have a counterfeit coin.
- At the time the accused became possessed of the coin, the accused must have known it to be counterfeit.
- The accused must deliver the counterfeit coin to another person or attempt to induce another person to receive it.
- The delivery or attempt must be fraudulent or made with intent that fraud may be committed.
Punishment and Classification Before BNS
| Offence | Delivery or attempted delivery of counterfeit coin known to be counterfeit when it came into possession, with the fraudulent intent required by Section 239 |
|---|---|
| Punishment | Imprisonment of either description for a term up to 5 years and fine |
| Cognizable | Yes |
| Bail | Non-bailable |
| Triable by | Magistrate of the first class |
Knowledge at the Time of Taking Possession
A distinctive requirement of Section 239 was that the person knew the coin was counterfeit when becoming possessed of it. Proof that the person discovered its counterfeit character only later would not satisfy this particular timing requirement, although another provision could become relevant depending on the facts.
Fraudulent Delivery or Attempt
The section did not stop at possession. It required fraudulent delivery, delivery with intent that fraud may be committed, or an attempt to induce another person to receive the counterfeit coin. Accordingly, possession, prior knowledge and the subsequent fraudulent act or attempt were connected statutory elements.
Section 239 and Section 241 IPC - Difference
The timing of knowledge separated these provisions. Section 239 applied where the deliverer knew the coin was counterfeit when first taking possession. Section 241 addressed delivery as genuine where the person knew the coin was counterfeit at the time of delivery but did not know it was counterfeit when first taking possession. The applicable punishment also differed.
Section 239 and Section 240 IPC - Difference
Section 239 dealt with counterfeit coin generally and prescribed imprisonment up to five years plus fine. Section 240 specifically dealt with counterfeit Indian coin known to be such when first possessed and prescribed imprisonment up to ten years plus fine. The character of the counterfeit coin therefore affected the applicable provision and punishment.
Related IPC Provisions
Section 239 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Section 230 defined coin; Sections 231 and 232 dealt with counterfeiting coin and Indian coin; Sections 237 and 238 dealt with import or export of counterfeit coin; Sections 240 and 241 dealt with other forms of delivery of counterfeit coin; and Sections 242 and 243 dealt with possession of counterfeit coin in specified circumstances.
Official Legal Sources
For authoritative statutory text and the procedural framework applicable immediately before BNS implementation, consult the Indian Penal Code, 1860 and the First Schedule to the Code of Criminal Procedure, 1973.
Indian Penal Code, 1860 - India Code
Code of Criminal Procedure, 1973 - India Code