Bharatiya Nyaya Sanhita: Section 186 – Prohibition of fictitious stamps

(1) Whoever—.

(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp; or.

(b) has in his possession, without lawful excuse, any fictitious stamp; or.

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees..

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and, if seized shall be forfeited..

(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

(4) In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (both inclusive) the word “Government”, when used in connection with, or in reference to any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in clause (12) of section 2, be deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country.

Simplified Explanation

This section deals with the prohibition and punishment of dealing with fictitious stamps—those that are falsely made to appear as if they are issued by the government for postal purposes.

Key Provisions

1. Offenses Related to Fictitious Stamps:
   • A person commits an offense if they:
     • Make, utter, deal in, or sell any fictitious stamp.
     • Knowingly use any fictitious stamp for any postal purpose.
     • Possess any fictitious stamp without lawful excuse.
     • Make or possess any die, plate, instrument, or material for making a fictitious stamp, without lawful excuse.
2. Punishment for the Offenses:
   • Any person who commits any of the above offenses is liable to a fine, which may extend up to two hundred rupees.
3. Seizure and Forfeiture:
   • Any fictitious stamp, die, plate, instrument, or material used to make fictitious stamps can be seized and forfeited.
4. Definition of “Fictitious Stamp”:
   • A fictitious stamp refers to any stamp that:
     • Falsely purports to be issued by the government for postal purposes.
     • Is a facsimile, imitation, or representation of a government-issued stamp, whether printed on paper or otherwise.
5. Definition of “Government”:
   • In this section, the term “Government” when used in reference to a stamp issued for postage purposes is not limited to the central government. It also includes any person or entity authorized by law to manage or oversee postal services in India or abroad.

Explanation and Key Concepts

1. Fictitious Stamp:
   • A fictitious stamp is a forged or counterfeit stamp that is made to look like an official government-issued postage stamp. These are often used to deceive the public into believing that they have paid postage, while in reality, they have not.
2. Examples of Fictitious Stamps:
   • A fake postage stamp made to look like an official government-issued stamp.
   • A stamped envelope with a counterfeit stamp affixed to it to make it appear as though postage has been paid.
3. Possession of Fictitious Stamps:
   • It is an offense to possess fictitious stamps without a legitimate reason. Simply having these stamps without proper authorization is considered illegal.
4. Possession of Tools for Making Fictitious Stamps:
   • It is also illegal to possess tools or materials (such as dies, plates, or machinery) that can be used to create counterfeit stamps. The law aims to prevent the production of such stamps in the first place.

Punishment for the Offense

• Fine: Any person found guilty of the above offenses will be fined up to two hundred rupees.
• Seizure and Forfeiture: Items related to the creation or distribution of fictitious stamps (such as stamps, dies, or instruments used for making them) can be seized and forfeited by the authorities.

Purpose and Rationale

1. Preventing Postal Fraud:
   • The law aims to prevent the use of counterfeit stamps to ensure the integrity of the postal system. Fictitious stamps can be used to evade postal fees, leading to a loss of revenue for the government and a disruption in the functioning of postal services.
2. Protecting Government Revenue:
   • Fictitious stamps are a form of fraud that undermines the government’s revenue collection from postal services. This section protects government interests by ensuring that only officially issued stamps are used for postal purposes.
3. Deterrence Against Counterfeiting:
   • By penalizing not only the use of fictitious stamps but also the possession of materials to make them, this law aims to deter the manufacture and distribution of counterfeit postage stamps.
4. Clear Definition of “Government”:
   • The definition of “government” in this section is broad to include not only the central government but also entities that may have authority over postal services in foreign countries, recognizing the global nature of postal systems.

Examples of Offenses Under Section 186

1. Selling Fictitious Stamps:
   • A person who sells counterfeit stamps, representing them as legitimate government-issued stamps, commits an offense under this section.
2. Using Fictitious Stamps for Postal Purposes:
   • A person who posts a letter with a fake stamp in order to avoid paying the proper postage fees is guilty of violating this law.
3. Possession of Counterfeit Stamp-Making Materials:
   • A person found with dies, plates, or materials intended for making counterfeit stamps could face penalties under this section, even if no stamps have yet been created.

Conclusion

Section 186 of the Bharatiya Nyaya Sanhita 2023 addresses the prohibition of fictitious stamps, ensuring that only genuine, government-issued stamps are used for postal purposes. The law criminalizes the creation, use, or possession of counterfeit stamps and provides for fines and the seizure of any materials related to the counterfeiting of stamps. The section plays a crucial role in protecting the postal system, government revenue, and preventing fraudulent postal activities.