Bharatiya Nyaya Sanhita: Section 182 – Making or using documents resembling currency-notes or bank-notes

(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to three hundred rupees.

(2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to six hundred rupees.

(3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that the person caused the document to be made.

Simplified Explanation

This section criminalizes the act of making or using documents that resemble currency-notes or bank-notes with the intention to deceive. It also provides penalties for refusing to disclose the name and address of the person responsible for making such documents.

Key Provisions

1. Offenses Under Sub-section (1):
   • It is an offense to:
     • Make, cause to be made, or use any document that resembles or so nearly resembles a currency-note or bank-note that it could deceive someone into thinking it is real currency.
     • This applies to documents that purport to be currency or bank-notes, whether the resemblance is exact or so close that it could cause confusion or fraud.
2. Punishment for Making or Using Resembling Documents:
   • The punishment for making or using such documents is a fine that may extend to three hundred rupees.
3. Offense for Refusing to Disclose Information (Sub-section 2):
   • If a person’s name appears on a document that is in violation of sub-section (1), and they refuse to provide to a police officer, upon request, the name and address of the person who made the document (without a lawful excuse), they will be punished with a fine that may extend to six hundred rupees.
4. Presumption Regarding Responsibility (Sub-section 3):
   • If a person’s name appears on a document that is connected with an offense under sub-section (1), it may be presumed that this person caused the document to be made, unless proven otherwise.

Explanation and Key Concepts

1. Documents Resembling Currency-Notes or Bank-Notes:
   • A document under this section refers to any paper or material that may look like a genuine currency-note or bank-note. The resemblance could be in appearance, such as similar size, design, or markings, which could cause confusion with real currency.
2. Deception:
   • The key point in this provision is deception—the document need not be an exact replica, but it should be close enough to deceive a person into thinking it is real money.
3. Offenses:
   • The making or using of such deceptive documents is an offense, and anyone who does so with the intention of deception can be penalized.
   • Not disclosing the person responsible for making the document, when required by law enforcement, is also punishable.
4. Presumption of Responsibility:
   • If the person’s name is found on a document related to the offense, there is a legal presumption that they were responsible for the document’s creation. This presumption can be contested by providing evidence to the contrary.

Examples of Offenses Under Section 182

1. Making Fake Bank-Notes:
   • A person prints or creates a set of documents that closely resemble bank-notes, intending to use them to deceive people into accepting them as real currency.
2. Using Fake Documents:
   • A person uses a document that resembles a currency-note in a transaction, attempting to pass it off as real money.
3. Failure to Provide Information to Police:
   • A person whose name appears on a forged document that resembles a currency-note refuses to reveal to the police who made the document.

Penalties Under Section 182

• Making or Using Resembling Documents: A fine up to three hundred rupees for anyone who makes or uses a document resembling currency-notes or bank-notes.
• Failure to Disclose Information: A fine up to six hundred rupees for anyone who refuses to disclose the maker of the document when required by a police officer.

Purpose and Rationale

1. Preventing Deceptive Practices:
   • This section aims to prevent fraud and deception by criminalizing the creation or use of documents that could be mistaken for real currency or bank-notes.
2. Protecting the Currency System:
   • By targeting documents that resemble official currency, the law helps safeguard the integrity of the financial system and prevents counterfeiting.
3. Accountability for Involvement:
   • The law ensures that individuals involved in creating or using such deceptive documents are held accountable, and those who refuse to cooperate with authorities are penalized.

Conclusion

Section 182 of the Bharatiya Nyaya Sanhita 2023 addresses the creation or use of documents that resemble currency-notes or bank-notes with the intent to deceive. It provides penalties for those involved in making or using such documents, as well as for those who refuse to disclose the identity of the person responsible for their creation. This section is part of efforts to prevent fraudulent activity and counterfeiting, thus protecting the nation’s monetary system and ensuring that only genuine currency circulates.