IPC Section 263A: Prohibition of fictitious stamps

Whoever –

  1. makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or
  2. has in his possession, without lawful excuse, any fictitious stamp, or
  3. 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.

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. 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. In this section and also in sections 255 to 263, 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 section 17, be deemed to include the person or persons authorized by law to administer executive Government in any part of India, and also in any part of Her Majesty’ dominions or in any foreign country.

IPC Section 263A: Simplified Explanation 

IPC Section 263A of the Indian Penal Code (IPC) deals with the offence of possessing forged or counterfeit currency notes or bank notes. This section aims to penalize individuals who find themselves possessing counterfeit currency, knowing it to be forged, with the intent to use it as genuine or distribute it. 

Is IPC Section 263A bailable? 

No, IPC Section 263A is a non-bailable offence. This means that the accused does not have an automatic right to bail and must apply for bail before a magistrate or judge, who will then decide whether or not to grant bail based on the specifics of the case. 

IPC Section 263A punishment 

The punishment for IPC Section 263A is imprisonment for either description for a term that may extend to seven years and a fine. This reflects the seriousness of the offence, given the potential harm to the economy and public trust in the currency system. 

Example of IPC Section 263A 

Consider a scenario where a person named Rahul is found with a stash of counterfeit currency notes in his home. Rahul is aware that the notes are counterfeit but intends to use them to make purchases or pay debts. The police, acting on a tip-off, raid Rahul’s home and seize the counterfeit currency. During the investigation, it was confirmed that Rahul knew the notes were forged when he came into possession of them. In this case, Rahul can be prosecuted under IPC Section 263A for possessing counterfeit currency notes and intending to use them as genuine.

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