Section 245 IPC: Unlawfully Taking a Coining Tool or Instrument from a Mint
Section 245 of the Indian Penal Code, 1860 punished taking any coining tool or instrument, without lawful authority, out of a mint lawfully established in India.
Section 245 IPC - Statutory Provision
Whoever, without lawful authority, takes out of any mint, lawfully established in India, any coining tool or instrument, 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 words "British India" were successively substituted by 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 245 IPC
Section 245 protected the security and integrity of a lawfully established mint by criminalising the unauthorised removal of a coining tool or instrument. The section focused on the act of taking the tool or instrument out of the mint without lawful authority.
Essential Ingredients
- There must be a mint lawfully established in India.
- The object taken must be a coining tool or instrument.
- The accused must take that tool or instrument out of the mint.
- The taking must be without lawful authority.
Punishment and Classification Before BNS
| Offence | Taking a coining tool or instrument out of a lawfully established mint without lawful authority |
|---|---|
| Punishment | Imprisonment of either description for a term up to 7 years and fine |
| Cognizable | Yes |
| Bail | Non-bailable |
| Triable by | Magistrate of the first class |
Meaning of Without Lawful Authority
The words "without lawful authority" were an express part of Section 245. Accordingly, the provision targeted unauthorised removal. Where a person had lawful authority to take the relevant tool or instrument out of the mint, this particular statutory ingredient would not be satisfied.
Coining Tool or Instrument
The subject matter of the offence had to be a coining tool or instrument. Section 245 therefore did not use the broader language of taking any property from a mint; its text specifically protected tools and instruments connected with coining.
Taking the Instrument Out of the Mint
The statutory act was taking the coining tool or instrument "out of" the lawfully established mint. The location and movement of the instrument were therefore integral to the wording of the offence.
Section 244 and Section 245 IPC - Difference
Section 244 dealt with a mint employee who intentionally caused a coin issued from the mint to differ in weight or composition from the standard fixed by law. Section 245 dealt with the unauthorised removal of a coining tool or instrument from a lawfully established mint. Section 245 did not, by its terms, require the accused to be a mint employee.
Related IPC Provisions
Section 245 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Sections 231 and 232 dealt with counterfeiting coin and Indian coin; Sections 233 to 235 addressed instruments or material used for counterfeiting; Sections 242 and 243 addressed specified possession of counterfeit coin; and Section 244 dealt with intentional interference with the legal weight or composition of coin by a mint employee.
Official Legal Sources
For authoritative statutory text and the procedural classification applicable immediately before BNS implementation, consult the Indian Penal Code, 1860 and the First Schedule to the Code of Criminal Procedure, 1973 through India Code.