Section 187 BNS: Mint Employee Causing Coin to Have Different Weight or Composition
Section 187 of the Bharatiya Nyaya Sanhita, 2023 deals with intentional misconduct by a person employed in a lawfully established mint in India. It criminalises an act or legally prohibited omission intended to cause a coin issued from that mint to differ in weight or composition from the standard fixed by law.
Bare Act Text of Section 187 BNS
187. Whoever, being employed in any mint lawfully established in India, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, 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 and Scope of Section 187 BNS
The provision is aimed specifically at persons employed in a mint lawfully established in India. It protects the integrity of coinage by penalising deliberate interference with the legally prescribed weight or composition of coins issued from the mint.
The offence may be committed either by a positive act or by an omission where the employee is legally bound to act. The decisive element is the intention to cause the coin to depart from the weight or composition fixed by law.
Essential Ingredients of the Offence
For Section 187 to apply, the following elements should be established:
- The accused is employed in a mint lawfully established in India.
- The accused performs an act, or omits to do something which he is legally bound to do.
- The conduct relates to a coin issued from that mint.
- The accused intends to cause the coin to have a weight or composition different from the weight or composition fixed by law.
Act or Omission by a Mint Employee
Section 187 expressly covers both an affirmative act and a legally significant omission. Therefore, liability is not confined to physically altering a coin or production process. A deliberate failure to perform a duty may also fall within the section if the other statutory ingredients are satisfied.
Required Intention
The wording requires an intention to cause the coin to differ from the legally fixed standard. Mere mistake, negligence or accidental deviation does not by itself satisfy the express mental element in Section 187. The required intention must be established from the facts and evidence.
Punishment and Procedural Classification
A person convicted under Section 187 BNS may be punished with imprisonment of either description for a term extending up to seven years and is also liable to fine.
Cognizable: Yes.
Bailable: No. The offence is non-bailable.
Court having trial jurisdiction: Magistrate of the first class.
Maximum imprisonment: Seven years.
Fine: Also applicable.
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Section 187 is part of Chapter X, which deals with offences relating to coin, currency-notes, bank-notes and Government stamps.
Corresponding Provision Under the Indian Penal Code
Section 187 BNS substantially corresponds to Section 244 of the Indian Penal Code, 1860, which dealt with a person employed in a mint causing a coin to be of a different weight or composition from that fixed by law. For conduct occurring before commencement of the BNS, the applicable provision may depend on the date of the alleged offence and the relevant saving provisions.
Related BNS Sections
Section 187 is closely connected with the surrounding provisions dealing with Government stamps, coinage and mint-related misconduct.
- Section 181 - Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes
- Section 182 - Making or using documents resembling currency-notes or bank-notes
- Section 183 - Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it
- Section 184 - Using Government stamp known to have been before used
- Section 185 - Erasure of mark denoting that stamp has been used
- Section 186 - Prohibition of fictitious stamps
- Section 188 - Unlawfully taking coining instrument from mint
Frequently Asked Questions
Who can commit an offence under Section 187 BNS?
The provision applies specifically to a person employed in a mint lawfully established in India.
Can an omission amount to an offence under Section 187?
Yes. The section expressly covers omission of an act which the mint employee is legally bound to perform, provided the required intention is present.
What is the punishment under Section 187 BNS?
The punishment may extend to seven years of imprisonment of either description, and the offender is also liable to fine.
Is Section 187 BNS bailable?
No. The offence is cognizable and non-bailable and is triable by a Magistrate of the first class.
Which IPC provision corresponds to Section 187 BNS?
The substantially corresponding provision was Section 244 of the Indian Penal Code, 1860.
Legal information note: This page provides general statutory information. Application of Section 187 to a particular case depends on the facts, evidence, date of occurrence and other applicable laws.