Bailabel Type : non-bailable

Description

Section 239 of the Indian Penal Code (IPC) - Delivery of Coin Possessed with Knowledge that it is Counterfeit

Text of Section 239:

Delivery of coin possessed with knowledge that it is counterfeit.

• "Whoever delivers to another person a coin, knowing it to be counterfeit, shall be punished in the same manner as if he had counterfeited the coin himself."

Detailed Explanation of Section 239:

1. Understanding the Offense:

   • Counterfeit Coin: A counterfeit coin is a fake or forged coin that is intended to imitate a legitimate coin issued by the Indian government. These are typically produced with the intent to deceive others into accepting them as genuine legal tender.

   • Possession with Knowledge: The person who delivers the counterfeit coin to another must know that the coin is counterfeit. This means the individual must be aware that the coin they are passing on is fake and not a legitimate coin. The law does not punish someone who unknowingly gives a counterfeit coin, but it does impose a penalty if the person is aware of the coin’s fraudulent nature.

   • Delivery: The act of delivery means transferring possession of the counterfeit coin to another individual. This could be done through direct handover, sale, or any other means of transaction. The key factor here is that the delivery is done knowingly, i.e., the person understands that the coin they are passing is counterfeit.

2. Objective of Section 239:

   • This section seeks to criminalize the act of passing on counterfeit coins once someone has knowledge that the coins are fake. Simply possessing counterfeit coins might not be enough to incur legal liability; however, the moment an individual knowingly circulates or delivers these coins to others, they become a part of the fraudulent transaction, and thus are held responsible for spreading the counterfeit currency.

Punishment

Punishment Details:

• Imprisonment (Rigorous or Simple) for up to 3 years.
• Fine (may be added in addition to or instead of imprisonment).

Punishment for the Offense:

• The punishment for delivering a counterfeit coin with the knowledge that it is counterfeit is the same as if the person had committed the act of counterfeiting the coin themselves.
• The law treats delivering a counterfeit coin knowingly as seriously as the act of creating or manufacturing counterfeit coins, as it helps circulate fake currency in the economy.

Details of Punishment:

• Imprisonment: The person can be sentenced to imprisonment, which may be either rigorous or simple.
  • Rigorous imprisonment means the individual will undergo hard labor during their time in jail. This typically means manual or physical work, which is usually more severe.
  • Simple imprisonment is a term without physical labor. The individual remains confined in jail but is not required to engage in hard labor.
• Duration of Imprisonment: The term of imprisonment can extend up to 3 years.
• Fine: In addition to imprisonment, the court may impose a fine on the individual. The fine could be an additional penalty to deter people from engaging in such activities.

The severity of the punishment is designed to protect the integrity of the currency system. The circulation of counterfeit coins can lead to financial losses and destabilize the economy, which is why this offense is penalized harshly.

1. Key Points to Consider:

   • Knowledge of Counterfeit Nature: The key to this offense is the knowledge of the counterfeit nature of the coin. If the person delivers the coin unknowingly, they are not criminally liable under this section.
   • Punishment Reflects the Gravity of the Crime: The law treats the delivery of counterfeit coins as equally severe as the act of creating the coins. This is because both actions contribute to the circulation of counterfeit money, which can harm the economy and the integrity of the monetary system.
   • Intentional Circulation: Even if a person did not make the counterfeit coin, they are still held criminally responsible if they knowingly pass it to others. This ensures that individuals cannot escape liability by merely being intermediaries in the counterfeit coin's circulation.