Whoever imports into India, or exports there from, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of Indian coin, shall be punished with Imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
IPC Section 238: Simplified Explanation
IPC Section 238 deals with the offence of importing or exporting counterfeit coins as genuine. According to this section, anyone who imports into India or exports from India any counterfeit coin, with the knowledge or reason to believe that it is counterfeit and with the intent to use it as genuine or knowing that it is likely to be used as authentic, is guilty of this offence. This section aims to prevent individuals from introducing counterfeit coins into the economic system, thereby protecting the integrity of the currency and ensuring public trust in the monetary system.
Is IPC Section 238 bailable?
The offence under IPC Section 238 is classified as non-bailable. This means that an individual accused of importing or exporting counterfeit coins as genuine does not have the right to be released on bail automatically. The court has the discretion to grant bail after considering factors such as the severity of the offence, the evidence against the accused, and the likelihood of the accused absconding or tampering with evidence.
IPC Section 238 Punishment
The punishment for the offence under IPC Section 238 is stringent, reflecting the severe nature of the crime. A person convicted under this section can be sentenced to imprisonment of either description (rigorous or straightforward) for a term that may extend to ten years, along with a fine. This severe punishment serves as a deterrent to individuals who might consider importing or exporting counterfeit coins with the intent to pass them off as genuine, thereby upholding the integrity of the currency system.
Example of IPC Section 238
A real-life example of IPC Section 238 could involve an individual named Anil, who was found attempting to smuggle counterfeit coins into India from a neighbouring country. Anil knew that the coins were fake and intended to circulate them as genuine currency in local markets. Customs officials, acting on a tip-off, intercepted Anil at the border and discovered the counterfeit coins hidden in his luggage. Anil was arrested and charged under IPC Section 238 for importing counterfeit coins with the intent to use them as genuine. Due to the non-bailable nature of the offence, Anil was not granted bail and remained in custody throughout the trial. Upon conviction, he was sentenced to ten years of rigorous imprisonment and fined a substantial amount, demonstrating the serious legal consequences of importing counterfeit coins with the intent to use them as genuine.
