Section 256 IPC: Possession of Instrument or Material for Counterfeiting Government Stamp
Section 256 of the Indian Penal Code, 1860 punished possession of an instrument or material intended for use in counterfeiting a stamp issued by Government for the purpose of revenue, including possession with knowledge or reason to believe that it was intended for such use.
Section 256 IPC - Statutory Provision
Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Meaning of Section 256 IPC
Section 256 was directed at possession of the tools or materials connected with counterfeiting Government revenue stamps. Actual completion of a counterfeit stamp was not stated as an ingredient of this possession offence. The prosecution had to connect the instrument or material with the prohibited counterfeiting purpose through the purpose, knowledge or reason-to-believe requirements contained in the section.
Essential Ingredients
- The accused must have an instrument or material in possession.
- The instrument or material must be for use in counterfeiting a stamp issued by Government for the purpose of revenue; or
- The accused must know, or have reason to believe, that the instrument or material is intended to be used for that counterfeiting purpose.
- The relevant object of counterfeiting must be a Government stamp issued for the purpose of revenue.
Meaning of "Reason to Believe" Under Section 26 IPC
Section 26 IPC provided that a person is said to have "reason to believe" a thing if the person has sufficient cause to believe that thing, but not otherwise. Section 256 expressly used this standard as an alternative to actual knowledge regarding the intended use of the instrument or material.
Possession Alone Is Not the Whole Offence
The provision did not criminalise possession of every instrument or material that might theoretically be capable of misuse. The statutory connection to counterfeiting a Government revenue stamp was essential: the item had to be possessed for that purpose, or the possessor had to know or have reason to believe that it was intended for that purpose.
Punishment and Classification Before BNS
| Offence | Possession of an instrument or material for counterfeiting a Government revenue stamp, with the purpose, knowledge or reason to believe specified in Section 256 |
|---|---|
| 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 |
Section 255 and Section 256 IPC - Difference
Section 255 punished counterfeiting, or knowingly performing any part of the process of counterfeiting, a Government revenue stamp. Section 256 instead addressed possession of an instrument or material for the counterfeiting purpose, or possession with the prescribed knowledge or reason to believe concerning its intended use.
Section 256 and Section 257 IPC - Difference
Section 256 focused on possession of an instrument or material. Section 257 addressed making or performing any part of the process of making, or buying, selling or disposing of, an instrument for the purpose of counterfeiting a Government revenue stamp, or with the specified knowledge or reason to believe about its intended use.
Sections 258 to 260 IPC
Sections 258 to 260 dealt with counterfeit Government stamps themselves rather than merely the instruments or materials associated with counterfeiting. Section 258 concerned sale, Section 259 concerned possession, and Section 260 concerned using as genuine a Government stamp known to be counterfeit.
Related IPC Provisions
Section 256 formed part of Chapter XII of the IPC dealing with offences relating to coin and Government stamps. Sections 255 to 263A addressed counterfeiting Government revenue stamps and related conduct, including possession or dealing in counterfeiting instruments, sale and possession of counterfeit stamps, use as genuine, and misuse of previously used stamps.
Official Legal Sources
For authoritative statutory text and 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 official Government legal resources.