Section 253 IPC: Possession of Indian Coin Known to Be Altered When Possession Began
Section 253 of the Indian Penal Code, 1860 punished fraudulent possession of Indian coin affected by an offence under Section 247 or Section 249 where the possessor knew of that alteration at the time of becoming possessed of the coin.
Section 253 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 section 247 or 249 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 five years, and shall also be liable to fine.
Meaning of Section 253 IPC
Section 253 was the aggravated possession provision for Indian coin altered in the manner covered by Section 247 or Section 249. Mere possession was not sufficient. The prosecution had to establish the relevant alteration, knowledge of it 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 affected by an offence under Section 247 or Section 249.
- The underlying alteration must therefore concern Indian coin within those provisions.
- 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 Indian coin altered under Section 247 or Section 249, with knowledge of the alteration when possession began |
|---|---|
| Punishment | Imprisonment of either description for a term up to 5 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 element of Section 253. The accused had to know, when becoming possessed of the coin, that the relevant offence under Section 247 or Section 249 had already been committed with respect to it. Knowledge acquired only after possession began does not match this particular statutory formulation.
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 253 also expressly covered possession with intent that fraud may be committed.
Section 247 Referred to in Section 253
Section 247 dealt with fraudulently or dishonestly performing on Indian coin an operation that diminished its weight or altered its composition. Section 253 could apply to possession of a coin affected by that offence where its additional knowledge and fraud requirements were satisfied.
Section 249 Referred to in Section 253
Section 249 dealt with performing on Indian coin an operation altering its appearance with the intention that the coin should pass as a coin of a different description. A coin affected by that offence could fall within Section 253 where the possessor had the required knowledge from the beginning of possession and the required fraudulent purpose.
Section 252 and Section 253 IPC - Difference
Section 252 was the general possession provision linked to coin altered under Sections 246 or 248 and carried imprisonment up to three years plus fine. Section 253 concerned the corresponding Indian-coin offences under Sections 247 or 249 and carried the higher maximum term of five years plus fine.
Section 251 and Section 253 IPC - Difference
Section 251 concerned delivery or attempted delivery of Indian coin affected by Section 247 or Section 249, with the required prior knowledge and fraudulent intent. Section 253 instead criminalised the specified possession itself. The pre-BNS maximum punishment under Section 251 was ten years plus fine, while Section 253 prescribed up to five years plus fine.
Section 253 and Section 254 IPC - Difference
Section 253 required knowledge of the alteration when possession began. Section 254 addressed delivery of altered coin where the deliverer knew that an operation mentioned in Sections 246 to 249 had been performed but did not know this when first taking the coin into possession. The timing of knowledge and the nature of the prohibited conduct therefore differed.
Related IPC Provisions
Section 253 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.