IPC Section 28 vs BNS Section 28 – Definition of Counterfeit
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 28
Definition of “Counterfeit”
About IPC Section
Section 28 of the Indian Penal Code (IPC), 1860, defines the term “Counterfeit.” According to this section, a person is said to counterfeit when they cause one thing to resemble another thing with the intention of deceiving, or with the knowledge that such resemblance is likely to deceive. This definition applies not only to currency but also to documents, seals, marks, and other property.
The purpose of this section is to criminalize acts of imitation that are intended to mislead or cheat others. Counterfeiting often involves producing false items—such as fake coins, forged documents, or fraudulent seals—that are passed off as genuine. The section also clarifies that even if the imitation is not perfect, it can still amount to counterfeiting if it is likely to deceive an ordinary person.
This definition is central to various offenses in the IPC, including counterfeiting currency, forging documents, or creating fraudulent marks. By codifying this meaning, IPC 28 ensures that individuals cannot escape liability simply because their imitation was not exact. The law recognizes the potential harm caused by deception through resemblance, protecting society from fraud and safeguarding trust in official and commercial transactions.
Section: BNS 28
Definition of “Counterfeit” (Retained)
About BNS Section
Section 28 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the definition of “Counterfeit” as provided in IPC 28, with slight modern updates in language. It continues to state that counterfeiting occurs when a person makes one thing resemble another with the intention of deceiving or with knowledge that such resemblance is likely to deceive.
This provision remains highly relevant because counterfeiting today extends beyond coins and documents to modern practices like fake digital certificates, fraudulent product labels, and unauthorized imitations. While the core definition remains the same, courts may now apply it in broader contexts due to technological advancements.
The BNS makes the law more accessible without changing its substance. It emphasizes that even partial resemblance, if intended to deceive or capable of deceiving, is sufficient to establish counterfeiting. This ensures that fraudsters cannot exploit technicalities to escape punishment.
By retaining this section, BNS Section 28 continues to safeguard the integrity of property, documents, and symbols that people rely on for authenticity. It helps preserve trust in financial systems, official documents, and commercial dealings, thereby strengthening accountability and security in modern society.