Professional Documents
Culture Documents
Of
OFFENCES
RELATING TO
CURRENCY-NOTES
AND
BANK-NOTES
ASSESSMENT
Prior to 1899, the offences relating to currency
notes and bank notes were governed by the provisions dealing
with forgery of valuable securities (s. 467) and making or
possessing counterfeit currency seals, plates (s. 472). These
sections proved less effective for securing convictions for
counterfeiting or possessing counterfeit currency notes as well as
for making or possessing instruments for counterfeiting currency
notes.
In order to protect the currency notes and bank notes from
forgery sections 489 A to 489 D were added to the IPC by the
Currency Notes Forgery Act 1899 and section 489 E was added to
the IPC by the Indian Penal Code (Amendment) Act 1943, for
prohibiting and penalizing the acts of bringing in circulation
photo-prints or otherwise printed or reproduced or imitated
currency-notes or bank-notes.
The s. 28 of IPC defines Counterfeiting as an act which causes one
thing to resemble another, intending by means of that
resemblance to deceive.
The three conditions that are required as mentioned under this
definition are:
i. Causing one thing to resemble another;
ii. Intending by means of that resemblance to cause deception,
and
iii. Knowing it to be likely that deception will be thereby
practiced.
The Supreme Court, in M. Mammutti v. State of Karnataka,
emphasised that the basic test to prove counterfeit currency is to
see whether even an ordinary person would by a mere glance be
fooled by the note fraudulently made.
CLASSIFICATION OF OFFENCE
CLASSIFICATION OF OFFENCE
CLASSIFICATION OF OFFENCE
CLASSIFICATION OF OFFENCE
CLASSIFICATION OF OFFENCE