Whoever having any counterfeit coin, which is a counterfeit of Indian coin, and which, at the time when he became possessed of it, he knew to be a counterfeit of Indian coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, 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 240: Simplified Explanation
IPC Section 240 deals with the offence of delivering a coin as genuine when the deliverer initially did not know it to be counterfeit but later discovered its falsity. This section targets situations where a person, upon realizing that a coin they possess is counterfeit, nonetheless attempts to deliver it as genuine. The intent behind this section is to criminalize the act of knowingly passing off counterfeit coins after gaining awareness of their falsity, thereby protecting the currency system from the circulation of such coins.
Is IPC Section 240 bailable?
The offence under IPC Section 240 is non-bailable. This means that an individual accused of delivering a counterfeit coin as genuine, after having discovered its falsity, does not have the automatic right to be released on bail. The court holds the discretion to grant bail after considering the severity of the offence, the evidence against the accused, and the risk of the accused absconding or tampering with evidence.
IPC Section 240 Punishment
The punishment for the offence under IPC Section 240 is designed to be a deterrent against the circulation of counterfeit coins. A person convicted under this section can be sentenced to imprisonment of either description (rigorous or simple) for a term which may extend to five years, along with a fine. This punishment reflects the gravity of knowingly delivering counterfeit coins as genuine and aims to uphold the integrity of the monetary system.
Example of IPC Section 240
A real-life example of IPC Section 240 could involve an individual named Ritu, who received a counterfeit coin as a change from a shop. Initially unaware of its falsity, she later realized that the coin was fake. Instead of reporting it or disposing of it, Ritu decided to use the counterfeit coin to pay for her purchases at another store, hoping to pass it off as genuine. The shopkeeper, upon detecting the counterfeit coin, reported the incident to the police. Ritu was arrested and charged under IPC Section 240 for delivering a counterfeit coin as genuine, despite knowing it to be fake. Due to the non-bailable nature of the offence, she was not granted bail and remained in custody during the trial. Upon conviction, Ritu was sentenced to five years of imprisonment and fined, illustrating the serious legal consequences of knowingly passing off counterfeit coins.
