IPC 259 vs BNS 259
● Retained in BNSHaving possession of counterfeit Government stamp
Section 259 of the Indian Penal Code, 1860, deals with the possession of counterfeit government stamps. It penalizes anyone who, knowing or having reason to believe that stamps in their possession are counterfeit, intends to use them for fraud.
Key points:
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Applies to individuals who keep counterfeit stamps with the intent to use or sell them.
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Knowledge or reasonable belief about the counterfeit nature is essential.
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Punishment: Imprisonment up to 7 years and fine.
Example: If a businessman stores large quantities of fake revenue stamps intending to sell them, IPC 259 is applicable. The section aims to prevent circulation of counterfeit stamps by targeting not just sellers but also those who hoard and intend to use them.
Having possession of counterfeit Government stamp
Section 259 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 259. It criminalizes possession of counterfeit government stamps when held with intent to use or circulate them fraudulently.
Key points:
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Covers keeping counterfeit stamps knowingly.
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The intent to use, sell, or circulate them is necessary for offence.
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Punishment: Imprisonment up to 7 years and fine (same as IPC).
Example: A person found with bundles of fake postal stamps for planned resale would face charges under BNS 259. This ensures that counterfeit stamps are eliminated at the possession stage itself, stopping them from entering circulation.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 259 to BNS BNS 259.