Bailabel Type : non-bailable

Description

Section 233 IPC: Making or Selling Instrument for Counterfeiting Coin

Text of Section 233 IPC:

"Whoever makes or has in his possession any instrument or material for the purpose of counterfeiting any coin, or for the purpose of altering or changing any coin, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine."

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Detailed Explanation of Section 233 IPC:

Section 233 IPC penalizes the act of making or possessing instruments that can be used to counterfeit or alter coins. This provision targets individuals who create or use tools, devices, or materials specifically for the purpose of producing counterfeit coins.

Key Elements of the Offense:

1. Making or Possessing Instruments:

   • Making instruments refers to the act of creating or manufacturing tools that can be used for counterfeiting coins. This could include minting machines, engraving tools, or specialized machinery designed for forging coins.
   • Possessing instruments means having in one’s possession tools, machinery, or materials that could be used to counterfeit or alter coins, even if they have not yet been used for the actual crime.

2. Purpose of Counterfeiting or Altering Coins:

   • The intent behind possessing or creating such instruments is to counterfeit (forge) coins or to alter the denomination of a coin to deceive others into believing it is real currency.
   • The law criminalizes these activities because they undermine the integrity of the currency system and allow individuals to attempt to circulate fake or altered coins as legitimate money.

3. Counterfeiting or Altering Coins:

   • Counterfeiting refers to the act of creating fake coins that look identical to legal tender.
   • Altering coins means making changes to the coin’s physical appearance, such as changing its denomination or weight, to deceive people into accepting it as a genuine currency.

Examples of the Offense:

• Manufacturing Minting Machines: A person who creates a minting press or other machinery that can produce fake coins that resemble real Indian currency.

• Possessing Tools for Altering Coins: Someone who possesses engravers, shaving tools, or acidic substances to alter the appearance or value of a coin (e.g., changing a lower denomination coin to appear as a higher denomination).

• Selling Instruments for Coin Forgery: A person who sells or distributes tools and equipment to others intending to use them for counterfeiting or altering coins.

Punishment

Punishment Under Section 233 IPC:

The punishment for making or possessing instruments for counterfeiting coins under Section 233 IPC is:

1. Imprisonment:

   • The offender can face imprisonment for a term that may extend up to 14 years.
   • The imprisonment could be either simple imprisonment or rigorous imprisonment, depending on the court’s discretion.

2. Fine:

   • The individual may also be liable for a fine, which will be determined by the court based on the severity of the offense.

3. Combination:

   • The court may impose both imprisonment and fine, depending on the facts of the case.