Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
If Indian coin – and if the coin to be counterfeited is Indian coin, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
IPC Section 235: Simplified Explanation
IPC Section 235 pertains to the offence of possessing counterfeit coins. According to this section, any person who is found in possession of counterfeit coins with the knowledge that they are counterfeit and with the intent to use them as genuine or knowing that it is likely that they may be used as genuine is guilty of this offence. This section is designed to prevent individuals from possessing and potentially circulating counterfeit coins, thereby protecting the integrity of the monetary system and ensuring public confidence in the currency.
Is IPC Section 235 bailable?
The offence under IPC Section 235 is non-bailable. This means that an individual accused of possessing counterfeit coins does not have the right to be released on bail automatically. The decision to grant bail is at the discretion of the court, which will take into account the seriousness of the offence, the evidence against the accused, and the risk of the accused absconding or tampering with evidence.
IPC Section 235 Punishment
The punishment for the offence under IPC Section 235 is stringent to deter individuals from possessing or attempting to circulate counterfeit coins. A person convicted under this section can be punished with imprisonment of either description (rigorous or straightforward) for a term that may extend to ten years, along with a fine. This severe punishment highlights the serious nature of the crime and serves as a deterrent to potential offenders.
Example of IPC Section 235
A real-life example of IPC Section 235 could involve an individual named Rohit, who was caught with a substantial number of counterfeit coins in his possession. Rohit knew that the coins were fake and intended to use them as genuine currency in local markets. Upon receiving information about Rohit’s activities, law enforcement officers conducted a search of his residence and found the counterfeit coins hidden in various places. Rohit was arrested and charged under IPC Section 235. Due to the non-bailable nature of the offence, Rohit was not granted bail and remained in custody throughout the trial. Upon conviction, he was sentenced to ten years of rigorous imprisonment and fined, demonstrating the serious legal consequences of possessing counterfeit coins with the intent to use them as genuine.
