Section 179 BNS: Using as Genuine Forged or Counterfeit Coin, Government Stamp, Currency-Notes or Bank-Notes
Section 179 of the Bharatiya Nyaya Sanhita, 2023 deals with dealing in, trafficking in, or using as genuine forged or counterfeit coin, Government stamps, currency-notes or bank-notes where the person knows or has reason to believe that the item is forged or counterfeit.
Text of Section 179 BNS
179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes. Whoever imports or exports, or sells or delivers to, or buys or receives from, any other person, or otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp, currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
For the official statutory text, see the Bharatiya Nyaya Sanhita, 2023 on India Code.
What Conduct Is Covered?
Section 179 is broader than merely passing a counterfeit note as genuine. The section expressly covers a range of transactions involving forged or counterfeit items, including:
- importing;
- exporting;
- selling;
- delivering to another person;
- buying;
- receiving from another person;
- otherwise trafficking in the item; and
- using the item as genuine.
Items Covered by Section 179
The section applies to forged or counterfeit:
- coin;
- Government stamp;
- currency-note; and
- bank-note.
The definitions and extended meanings applicable to this chapter are set out in Section 178 BNS. In particular, Section 178 defines "bank-note" for the chapter and links the meaning of "coin" to Section 2 of the Coinage Act, 2011.
Knowledge or Reason to Believe Is Essential
Section 179 requires the prosecution to establish that the accused knew or had reason to believe that the relevant coin, stamp, currency-note or bank-note was forged or counterfeit. The statutory wording therefore makes the accused person's knowledge or reason to believe an essential element of the offence.
Difference Between Section 178 and Section 179
Section 178 BNS primarily punishes counterfeiting itself, or knowingly performing any part of the counterfeiting process. Section 179, by contrast, deals with subsequent transactions or use involving an already forged or counterfeit item, provided the required knowledge or reason to believe is present.
Punishment Under Section 179 BNS
A person convicted under Section 179 may be punished with:
- imprisonment for life; or
- imprisonment of either description for a term up to 10 years;
- and the offender is also liable to fine.
Cognizable, Non-Bailable and Trial Court
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence under Section 179 BNS as follows:
| Provision | Section 179 BNS |
|---|---|
| Offence | Using as genuine forged or counterfeit coin, Government stamp, currency-notes or bank-notes |
| Punishment | Life imprisonment, or imprisonment up to 10 years, and fine |
| Cognizability | Cognizable |
| Bail | Non-bailable |
| Trial court | Court of Session |
Related BNS Provisions
Section 179 forms part of the BNS chapter on coin, Government stamps, currency-notes and bank-notes. Closely related provisions include Section 178 - Counterfeiting coin, Government stamps, currency-notes or bank-notes and Section 180 - Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
Official Legal Resources
Readers may verify the current legislation through the official Bharatiya Nyaya Sanhita, 2023 text on India Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, and the Ministry of Home Affairs new criminal laws page.