Section 252 IPC: Possession of Coin Known to Be Altered When Possession Began
Section 252 of the Indian Penal Code, 1860 punished fraudulent possession of a coin affected by an offence under Section 246 or Section 248 where the possessor knew of that alteration at the time of becoming possessed of the coin.
Section 252 IPC - Statutory Provision
Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the sections 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such 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 252 IPC
Section 252 was a possession offence involving an altered coin, but mere possession was not enough. The provision required the coin to have been altered in a manner constituting an offence under Section 246 or Section 248, knowledge of that fact when possession began, and possession that was fraudulent or accompanied by an intent that fraud may be committed.
Essential Ingredients
- The accused must be in possession of a coin.
- An offence under Section 246 or Section 248 must have been committed with respect to that coin.
- The accused must have known, at the time of becoming possessed of the coin, that the relevant offence had been committed with respect to it.
- The possession must be fraudulent or with intent that fraud may be committed.
Punishment and Classification Before BNS
| Offence | Fraudulent possession of coin altered under Section 246 or Section 248, with knowledge of the alteration when possession began |
|---|---|
| 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 |
| Compoundable | No |
Knowledge When Possession Began
The timing of knowledge was an express statutory requirement. The person must have known, when becoming possessed of the coin, that an offence under Section 246 or Section 248 had already been committed with respect to it. The section therefore did not state merely a general requirement of knowledge at some later point.
Meaning of Fraudulently
Section 25 IPC provided that a person does a thing "fraudulently" if the person does that thing with intent to defraud, but not otherwise. Section 252 additionally covered possession with intent that fraud may be committed.
Section 246 Referred to in Section 252
Section 246 punished fraudulently or dishonestly performing on any coin an operation that diminished its weight or altered its composition. A coin affected by that offence could therefore fall within Section 252 when the possession, knowledge and fraud requirements of Section 252 were also established.
Section 248 Referred to in Section 252
Section 248 punished performing on any coin an operation altering its appearance with the intention that the coin should pass as a coin of a different description. Such a coin could come within Section 252 where the possessor had the required knowledge from the beginning of possession and possessed it fraudulently or with intent that fraud may be committed.
Section 250 and Section 252 IPC - Difference
Section 250 concerned delivery of an altered coin to another person, or an attempt to induce another person to receive it, with the required knowledge and fraudulent intent. Section 252 instead criminalised the specified fraudulent possession itself. Section 250 carried imprisonment up to five years, while Section 252 carried imprisonment up to three years; both also provided for fine.
Section 252 and Section 253 IPC - Difference
Section 252 was the general possession provision linked to coin altered under Sections 246 or 248. Section 253 was the corresponding aggravated provision concerning Indian coin affected by an offence under Section 247 or Section 249. Under the pre-BNS law, Section 253 carried the higher maximum term of five years plus fine.
Section 252 and Section 254 IPC - Difference
Section 252 expressly required knowledge of the alteration when possession began. Section 254 dealt with delivery of altered coin in a different factual situation where the deliverer did not know, when first taking possession, that the relevant operation had been performed. The timing of knowledge was therefore central to distinguishing the provisions.
Related IPC Provisions
Section 252 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Sections 246 to 249 dealt with specified forms of alteration of coin, while Sections 250 to 254 dealt with delivery and possession of altered coin under different knowledge and intent requirements.
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.