Text of Section 249:
"Whoever fraudulently alters the appearance of an Indian coin, intending that it shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
Section 249 of the IPC addresses the criminal act of fraudulently altering the appearance of an Indian coin with the intent that the altered coin will pass as a coin of a different description. This offense is significant because it aims to protect the integrity of Indian currency and prevent fraud in the circulation of coins. The modification of a coin’s appearance with the intent to deceive others into accepting it as a different denomination is considered a serious offense under Indian law.
Fraudulent Alteration: This refers to the intentional and dishonest alteration of a coin’s appearance in such a way that the alteration is intended to deceive people into accepting the altered coin as a different type of coin. The fraudulent alteration does not necessarily need to involve the use of fake materials but rather focuses on deceptive practices to change the outward appearance of the coin.
Intent to Pass as Different Coin: The intent behind the act is critical in determining the offense. The person who alters the coin must do so with the specific intention that it will be passed off as a coin of higher or lower value, or simply a different type of coin. For instance, a person may reshape a 1-rupee coin to appear as a 5-rupee coin.
Indian Coin: The offense specifically applies to coins that are part of the Indian currency system, which are issued by the Indian government and are recognized as legal tender.
Example 1: A person takes a 5-rupee coin and reshapes or modifies it to look like a 10-rupee coin, intending to deceive shopkeepers or others into accepting it as a higher denomination.
Example 2: A person files down the edges of a 2-rupee coin and engraves a different design to make it look like a 1-rupee coin, with the intention of passing it off as a lower denomination coin to gain an unfair advantage in transactions.
Example 3: Someone scrapes off the outer layer of a 10-rupee coin and uses it to mimic a 20-rupee coin, intending to mislead others into accepting it as a coin of higher value.
The primary objective of Section 249 is to safeguard the integrity of Indian coins and ensure that they maintain their true value. By criminalizing the alteration of the appearance of coins with fraudulent intent, this section aims to protect the public from being deceived by counterfeit practices or altered coins that might be fraudulently used in transactions.
Preventing Financial Fraud: If individuals could alter coins and pass them off as different denominations, this would lead to financial loss for unsuspecting individuals and businesses. Section 249 addresses this by imposing severe penalties for such deceptive acts.
Maintaining the Currency System’s Authenticity: The currency system relies on the authenticity and standardization of coins and notes. Altering coins, especially with the intent to misrepresent them, could create instability in the economy and undermine the trust in legal tender.
Upholding Public Trust in the Legal Tender System: One of the key aspects of Section 249 is to protect the public's confidence in the currency system. By enforcing legal penalties for those who attempt to alter coins fraudulently, it helps maintain public trust in the national currency.
The punishment for fraudulently altering the appearance of an Indian coin under Section 249 is as follows:
