Section 249 IPC: Altering Appearance of Indian Coin to Pass as Coin of Different Description
Section 249 of the Indian Penal Code, 1860 punished altering the appearance of an Indian coin with the intention that the altered coin should pass as a coin of a different description.
Section 249 IPC - Statutory Provision
Whoever performs on any Indian 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 seven years, and shall also be liable to fine.
Historical amendment note: The Adaptation of Laws Order, 1950 substituted "any Indian coin" for the former expression "any of the Queen's coin".
Meaning of Section 249 IPC
Section 249 dealt with deceptive alteration of the appearance of an Indian coin. The physical operation alone was not enough under the wording of the provision. The accused must also have intended that the altered Indian coin should pass as a coin of a different description.
Essential Ingredients
- The subject of the operation must be an Indian coin.
- The accused must perform an operation on that coin.
- The operation must alter the appearance of the coin.
- The accused must intend that the altered coin shall pass as a coin of a different description.
Punishment and Classification Before BNS
| Offence | Altering the appearance of an Indian coin with intent that it shall pass as a coin of a different description |
|---|---|
| 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 |
| Compoundable | No |
Meaning of Indian Coin
Section 230 IPC contained the historical statutory definition of "coin" and "Indian coin" for Chapter XII. The Indian-coin element was important because it distinguished Section 249 from the general appearance-alteration offence under Section 248.
Importance of the Specific Intention
The language of Section 249 required an intention that the altered Indian coin should pass as a coin of a different description. An alteration of appearance without this specified intention did not, merely by the wording of Section 249, establish every ingredient of the offence.
Section 248 and Section 249 IPC - Difference
Section 248 applied to any coin and prescribed imprisonment up to three years plus fine. Section 249 specifically applied to Indian coin and prescribed the enhanced punishment of imprisonment up to seven years plus fine. Both provisions required alteration of appearance accompanied by the intention that the coin pass as a coin of a different description.
Section 247 and Section 249 IPC - Difference
Both provisions concerned Indian coin, but the prohibited operation differed. Section 247 dealt with fraudulently or dishonestly diminishing the weight or altering the composition of Indian coin. Section 249 dealt with altering its appearance with the specific intention that it pass as a coin of a different description.
Relationship with Sections 251 and 253 IPC
Section 251 dealt with delivery of Indian coin where an offence defined in Section 247 or Section 249 had been committed and the accused had the statutory prior knowledge and fraudulent intent. Section 253 addressed possession of Indian coin affected by an offence under Section 247 or Section 249 where the possessor had the knowledge and mental element required by that provision.
Relationship with Section 254 IPC
Section 254 addressed delivery of altered coin as genuine, or as a coin of a different description from what it was, where the deliverer knew that an operation mentioned in Sections 246 to 249 had been performed but did not know of that alteration when first taking the coin into possession.
Related IPC Provisions
Section 249 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Sections 246 and 247 addressed diminution of weight or alteration of composition, Sections 248 and 249 addressed 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.