Section 246 IPC: Fraudulently or Dishonestly Diminishing Weight or Altering Composition of Coin
Section 246 of the Indian Penal Code, 1860 punished a person who fraudulently or dishonestly performed an operation on any coin that diminished its weight or altered its composition.
Section 246 IPC - Statutory Provision
Whoever, fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Meaning of Section 246 IPC
Section 246 dealt with fraudulent or dishonest physical alteration of coin. It covered an operation that either reduced the weight of a coin or changed its composition. The provision applied to "any coin"; it was not confined to Indian coin.
Essential Ingredients
- There must be a coin within the scope of the IPC provisions relating to coin.
- The accused must perform an operation on that coin.
- The operation must diminish the weight of the coin or alter its composition.
- The operation must be performed fraudulently or dishonestly.
Punishment and Classification Before BNS
| Offence | Fraudulently or dishonestly diminishing the weight or altering the composition of any coin |
|---|---|
| Punishment | Imprisonment of either description for a term up to 3 years and fine |
| Cognizable | Yes |
| Bail | Non-bailable |
| Triable by | Magistrate of the first class |
Meaning of Dishonestly
Under Section 24 IPC, an act was done "dishonestly" when it was done with the intention of causing wrongful gain to one person or wrongful loss to another person. Section 23 IPC explained "wrongful gain" and "wrongful loss". These general IPC definitions informed the use of "dishonestly" in Section 246.
Meaning of Fraudulently
Section 25 IPC provided that a person did a thing "fraudulently" if the person did that thing with intent to defraud, but not otherwise. Section 246 expressly required the relevant operation on the coin to be performed fraudulently or dishonestly.
What Amounted to Altering Composition
The statutory Explanation gave a direct example: scooping out part of a coin and putting something else into the resulting cavity amounted to altering its composition. This Explanation clarified that changing the material makeup of the coin could satisfy the composition limb of the provision.
Section 246 and Section 247 IPC - Difference
Section 246 applied to any coin and prescribed imprisonment up to three years plus fine. Section 247 dealt specifically with fraudulently or dishonestly diminishing the weight or altering the composition of Indian coin and prescribed the more severe punishment of imprisonment up to seven years plus fine.
Section 246 and Sections 248 to 254 IPC
Section 246 focused on diminishing weight or altering composition. Sections 248 and 249 dealt with altering the appearance of coin with the specified intention. Sections 250 and 251 addressed delivery of altered coin with prior knowledge, while Sections 252 and 253 addressed possession of altered coin with prior knowledge. Section 254 dealt with delivery as genuine where the deliverer did not know the coin was altered when first possessed.
Related IPC Provisions
Section 246 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Section 230 defined coin and Indian coin. Sections 247 to 254 dealt with related offences involving alteration, delivery and possession of coin, while Sections 255 onward addressed offences concerning Government stamps.
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.