Question
As per the explanation to Section 178 BNS, which of the
following is NOT covered under the definition of “counterfeiting coin”?Solution
This answer is based on the Explanations attached to Section 178 of the BNS (which corresponds to Section 231/28 of the old IPC). 1. The Statutory Provision (Section 178 BNS) Section 178 deals with the general offence of counterfeiting coins, government stamps, currency notes, and bank notes.2 However, it provides specific explanations to define what constitutes the act of "counterfeiting coin" versus other items. 2. What IS covered under "Counterfeiting Coin": According to Subsection (4) and Subsection (5) of Section 178, the offence of "counterfeiting coin" specifically includes:
- Causing a genuine coin to appear like a different coin (Subsection 4): This is the core act of deception.3
- Diminishing the weight (Subsection 5): Reducing the metal content for profit.4
- Alteration of the composition (Subsection 5): Changing the metal mix (debasement).5
- Alteration of the appearance (Subsection 5): Treating the surface to look like a higher-value coin.6
- Distinct Definition: The BNS defines "Coin" (Subsection 2) and "Bank-note" (Subsection 1) as two completely different legal instruments.
- Separate Offence Category: While Section 178 punishes the counterfeiting of banknotes, the specific definition/explanation of "counterfeiting coin" does not extend to paper currency. Printing fake banknotes is "counterfeiting bank-notes," not "counterfeiting coin."
