IPC 28→BNS 2(4)

IPC 28 to BNS 2(4): “Counterfeit”

Section 28 IPC (1860) replaced by Section 2(4) BNS (2023)

View IPC Section 28 →View BNS Section 2(4) →

IPC 28 to BNS 2(4) at a Glance

Section 28 IPC (“Counterfeit”) is now Section 2(4) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 28 to BNS 2(4)?

Section 2(4) BNS carries the definition word for word, both Explanations included. It is now a clause of the definitions section, headed counterfeit, in place of a section of its own. No word is added or removed.

IPC 28 vs BNS 2(4): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section282(4)
Offence“Counterfeit”Same
PunishmentNone. Section 28 IPC creates no offence.None. Section 2(4) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 28 and BNS 2(4): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 28, IPC 1860

28. “Counterfeit”.—A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. Explanation 1.—It is not essential to counterfeiting that the imitation should be exact. Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.
BNS 2023 (in force)

Section 2(4), BNS 2023

(4) “counterfeit”.—A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. Explanation 1.—It is not essential to counterfeiting that the imitation should be exact. Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised;

Ingredients: IPC 28 vs BNS 2(4)

Under IPC 28
  1. Causing one thing to resemble another thing
  2. Intending, by means of that resemblance, to practise deception, or knowing it to be likely that deception will thereby be practised
  3. The imitation need not be exact
  4. Where the resemblance is such that a person might be deceived, the intention or knowledge is presumed until the contrary is proved
Under BNS 2(4)
  1. Causing one thing to resemble another thing
  2. Intending, by means of that resemblance, to practise deception, or knowing it to be likely that deception will thereby be practised
  3. The imitation need not be exact
  4. Where the resemblance is such that a person might be deceived, the intention or knowledge is presumed until the contrary is proved

What IPC 28 to BNS 2(4) Means for Pending Cases

For Section 28 IPC (now Section 2(4) BNS): nothing turns on the move. Counterfeit means the same under both Codes, so the offences that use the word, such as counterfeiting coin or a property mark, keep the same meaning, and the same presumption.

FAQs: IPC 28 to BNS 2(4)

Did the definition of counterfeit change when Section 28 IPC became Section 2(4) BNS?▼

No. Section 2(4) BNS carries the definition of Section 28 IPC word for word, with both Explanations.

Section 28 IPC: does the BNS keep the presumption in Explanation 2?▼

Yes. Section 2(4) BNS repeats Explanation 2, so a resemblance such that a person might be deceived still raises the presumption until the contrary is proved.

Section 28 IPC: which BNS sections punish counterfeiting coin and property marks?▼

Section 178 BNS covers counterfeiting coin and stamps, and Section 347 BNS covers counterfeiting a property mark used by any other person.

Does Section 28 IPC or Section 2(4) BNS apply to an act done before 1 July 2024?▼

Section 28 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 28 IPC. Section 2(4) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·