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Section 254 IPC: Delivery of Altered Coin as Genuine After Later Knowledge

Section 254 of the Indian Penal Code, 1860 addressed a person who did not know that a coin was altered when first taking possession, but later knew that an operation mentioned in Sections 246 to 249 had been performed and then delivered, or attempted to pass, the coin as genuine or as a different coin.

Pre-BNS legal context: This article explains Section 254 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 The IPC was repealed when the BNS came into force on 1 July 2024, subject to applicable repeal-and-savings provisions for earlier conduct and proceedings.

Section 254 IPC - Statutory Provision

Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered.

Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in sections 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.

Meaning of Section 254 IPC

Section 254 dealt with later-acquired knowledge. The person initially received the coin without knowing that an operation under Sections 246, 247, 248 or 249 had been performed. Liability arose when, after acquiring knowledge of the alteration, the person delivered the coin or attempted to induce another person to receive it as genuine or as a coin of a different description from what it actually was.

Essential Ingredients

Punishment and Classification Before BNS

OffenceDelivery or attempted passing of an altered coin as genuine or as a different coin, where knowledge of the alteration was acquired after possession began
PunishmentImprisonment of either description up to 2 years, or fine up to 10 times the value of the coin for which the altered coin is passed or attempted to be passed
CognizableYes
BailNon-bailable
Triable byAny Magistrate
CompoundableNo

Later-Acquired Knowledge Is Central to Section 254

The section expressly separates the time of first possession from the time of delivery. The accused did not know of the alteration when taking possession, but knew of the relevant operation when later passing or attempting to pass the coin. This knowledge pattern distinguishes Section 254 from provisions that require knowledge when possession begins.

Operations Covered by Sections 246 to 249

Section 246 dealt with fraudulently or dishonestly diminishing the weight or altering the composition of coin, while Section 247 applied the corresponding aggravated rule to Indian coin. Section 248 dealt with altering the appearance of coin with intent that it pass as a coin of a different description, and Section 249 applied the corresponding rule to Indian coin.

Delivery as Genuine or as a Different Coin

Section 254 covered more than physically handing over an altered coin. Its language also included attempting to induce another person to receive the coin as genuine or as a different coin from what it actually was. The representation inherent in the delivery or attempted passing was therefore part of the statutory offence.

Special Fine Under Section 254

The fine was not expressed as a fixed rupee amount. The section permitted a fine extending to ten times the value of the coin for which the altered coin was passed or attempted to be passed. This valuation formula formed part of the punishment provision itself.

Section 250 and Section 254 IPC - Difference

Section 250 required the accused to have known, when becoming possessed of the coin, that an offence under Section 246 or Section 248 had been committed with respect to it, followed by the specified fraudulent delivery or attempt. Section 254 applied where the deliverer did not know of the relevant alteration when first taking possession but acquired knowledge later.

Section 251 and Section 254 IPC - Difference

Section 251 concerned delivery or attempted delivery of Indian coin affected by Section 247 or Section 249 where the accused already had the required knowledge when possession began. Section 254 was broader as to the alteration provisions referenced, but depended on the absence of knowledge at the beginning of possession and later knowledge before the prohibited passing.

Section 252 and Section 253 IPC - Difference

Sections 252 and 253 were possession offences requiring the specified knowledge when possession began. Section 254 was instead a delivery or attempted-passing offence for the different situation in which the alteration was not known when possession began but became known later.

Related IPC Provisions

Section 254 formed part of Chapter XII of the IPC concerning offences relating to coin and Government stamps. Sections 246 to 249 defined the relevant alterations, while Sections 250 to 254 addressed delivery and possession under different combinations of knowledge, intent and conduct.

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