AAP Tax Law - Indian legal and tax information

Section 248 IPC: Altering Appearance of Coin to Pass as Coin of Different Description

Section 248 of the Indian Penal Code, 1860 punished altering the appearance of any coin with the intention that the coin should pass as a coin of a different description.

Pre-BNS legal context: This article explains Section 248 IPC under the law applicable immediately before implementation of the Bharatiya Nyaya Sanhita, 2023. The IPC was repealed when the BNS came into force on 1 July 2024, subject to the applicable repeal-and-savings provisions for earlier conduct and proceedings.

Section 248 IPC - Statutory Provision

Altering appearance of coin with intent that it shall pass as coin of different description.

Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, 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 248 IPC

Section 248 targeted an operation that changed how a coin appeared when the change was made with a particular purpose: that the altered coin should pass as a coin of a different description. The section therefore required both an alteration of appearance and the specified intention.

Essential Ingredients

Punishment and Classification Before BNS

OffenceAltering the appearance of any coin with intent that it shall pass as a coin of a different description
PunishmentImprisonment of either description for a term up to 3 years and fine
CognizableYes
BailNon-bailable
Triable byMagistrate of the first class
CompoundableNo

Meaning of Coin

Section 230 IPC contained the historical definition of "coin" for Chapter XII. Section 248 used the expression "any coin", making it the general appearance-alteration offence rather than an offence confined to Indian coin.

Why Intention Was Essential

A physical change in a coin's appearance did not, by the wording of Section 248 alone, complete this offence unless the operation was accompanied by the intention that the coin should pass as a coin of a different description. The specified intention was therefore a distinct ingredient of the section.

Meaning of Coin of a Different Description

The statutory focus was on making the altered coin pass as a coin of a different description. The provision was directed at deceptive alteration of appearance rather than merely damaging or modifying a coin without the required intention.

Section 246 and Section 248 IPC - Difference

Section 246 dealt with fraudulently or dishonestly diminishing the weight or altering the composition of any coin. Section 248 instead dealt with altering the appearance of a coin and required the intention that the altered coin pass as a coin of a different description. The provisions therefore addressed different forms of interference with coin.

Section 248 and Section 249 IPC - Difference

Section 248 applied to any coin and prescribed imprisonment up to three years plus fine. Section 249 was the aggravated provision for Indian coin and prescribed imprisonment up to seven years plus fine. Both appearance-alteration provisions required the intention that the coin pass as a coin of a different description.

Relationship with Sections 250 to 254 IPC

Section 250 addressed delivery of coin where an offence under Section 246 or Section 248 had been committed and the possessor had the required prior knowledge. Section 252 similarly addressed possession of coin affected by an offence under Section 246 or Section 248, subject to its own statutory mental elements. Section 254 dealt with delivery as genuine where the deliverer did not know the coin was altered when first possessed.

Related IPC Provisions

Section 248 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Sections 246 and 247 dealt with diminution of weight or alteration of composition; Sections 248 and 249 dealt with alteration of appearance; and Sections 250 to 254 addressed specified delivery and possession of altered coin.

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.

India Code - Central Acts