Section 186 BNS: Prohibition of fictitious stamps

Bharatiya Nyaya Sanhita, 2023

Section 186 BNS at a Glance

Section 186 BNS deals with prohibition of fictitious stamps. It replaced Section 263A IPC on 1 July 2024.

Punishment

No imprisonment is prescribed under Section 186 BNS.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 263A →

Section 186 BNS Bare Act Text

(1) Whoever—

(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp; or

(b) has in his possession, without lawful excuse, any fictitious stamp; or

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees.

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and, if seized shall be forfeited.

(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

(4) In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (both inclusive) the word “Government”, when used in connection with, or in reference to any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in clause (12) of section 2, be deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country.

Source: Section 186, Bharatiya Nyaya Sanhita, 2023

Section 186 BNS in the IPC (Previous Law)

Section 186 BNS replaced Section 263A IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 186 BNS

Under Section 186 BNS, what does fictitious stamp mean in simple terms?▼

Under Section 186(3) BNS, a fictitious stamp means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile, imitation, or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

Who can be punished under Section 186 BNS?▼

Section 186(1) BNS applies to anyone who makes, knowingly utters, deals in, or sells any fictitious stamp, or knowingly uses one for any postal purpose. It also applies to anyone who possesses a fictitious stamp without lawful excuse, or makes or possesses without lawful excuse any die, plate, instrument, or materials for making a fictitious stamp.

Why is Section 186 BNS needed?▼

It protects postal revenue and prevents the manufacture, circulation, possession, and postal use of fake postage stamps, whether of India or of a foreign country. It also allows authorities to seize and forfeit fictitious stamps and the equipment used to make them.

Is Section 186 BNS still in force today?▼

Yes. Section 186 of the Bharatiya Nyaya Sanhita, 2023 is currently in force and governs offences involving fictitious postage stamps.

What does Section 186(2) of the BNS say about fake postage stamps?▼

Section 186(2) BNS says that any fictitious stamp, die, plate, instrument or materials in a person's possession for making a fictitious stamp may be seized. If they are seized, they shall be forfeited. This subsection deals with seizure and forfeiture, while the acts covered are listed in Section 186(1) BNS.

What counts as a fictitious stamp under Section 186 BNS?▼

A fictitious stamp means a stamp falsely claiming to be issued by Government for showing a rate of postage. It also includes any facsimile, imitation or representation, on paper or otherwise, of a Government postage stamp. This definition is given in Section 186(3) BNS.

What has to be shown to take action under Section 186(2) BNS?▼

For action under Section 186(2) BNS, the stamp, die, plate, instrument or materials must be in a person's possession for making a fictitious stamp. The section then allows seizure, and if seized, forfeiture follows. Whether the item is really a fictitious stamp will depend on the definition in Section 186(3) BNS.

What is the punishment for making or keeping fictitious stamps under Section 186 BNS?▼

Section 186(1) BNS provides punishment with fine which may extend to two hundred rupees. It covers making, knowingly using, selling or dealing in fictitious stamps, possessing them without lawful excuse, and making or possessing tools or materials for making them without lawful excuse. Section 186(2) BNS separately allows seizure and forfeiture of the stamp or related items.

What is a fictitious stamp under Section 186(3) of the Bharatiya Nyaya Sanhita?▼

A fictitious stamp means a stamp that falsely claims to be issued by Government for showing a postage rate. It also includes any facsimile, imitation or representation of a Government postage stamp, whether on paper or otherwise.

Does an imitation have to be printed on paper to be a fictitious stamp under Section 186(3) BNS?▼

No. Section 186(3) BNS covers any facsimile, imitation or representation of a stamp issued by Government for denoting a rate of postage, whether it is made on paper or otherwise.

What must be shown for an item to count as a fictitious stamp under Section 186(3) BNS?▼

For an item to fall within Section 186(3) BNS, it must either be a stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or be a facsimile, imitation or representation, on paper or otherwise, of a stamp issued by Government for that purpose.

Does Section 186(3) BNS prescribe a punishment of its own?▼

No. Section 186(3) BNS only defines the term fictitious stamp for Section 186 BNS. The punishment of fine which may extend to two hundred rupees for prohibited acts is in Section 186(1) BNS, and seizure and forfeiture are in Section 186(2) BNS.

What does Section 186(4) of the BNS say?▼

Section 186(4) BNS explains what the word 'Government' means when used in connection with a postage stamp. Notwithstanding the general definition in Section 2(12) BNS, it includes the person or persons authorised by law to administer executive Government in any part of India or in any foreign country.

Which sections of the BNS does Section 186(4) apply to?▼

This extended meaning of 'Government' applies in Section 186 BNS, and also in Sections 178 to 181 (both inclusive) and Sections 183 to 185 (both inclusive) BNS, whenever the word is used in reference to a stamp issued for denoting a rate of postage.

Does Section 186(4) BNS cover fake foreign postage stamps?▼

Yes. Because Section 186(4) BNS includes persons authorised by law to administer executive Government in any foreign country, making, selling, using, or possessing fictitious foreign postage stamps is covered under Section 186 and the related stamp sections listed in sub-section (4).

Does the extended meaning of 'Government' in Section 186(4) BNS apply to all revenue stamps?▼

No. Section 186(4) BNS applies only when the word 'Government' is used in connection with, or in reference to, a stamp issued for the purpose of denoting a rate of postage. For other Government revenue stamps, the general definition of Government in Section 2(12) BNS applies.

Section 186 BNS: Sub-sections Explained

Section 186(1) BNS: Prohibition of fictitious stamps

▶

Bare Act Text

(1) Whoever—

(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp; or

(b) has in his possession, without lawful excuse, any fictitious stamp; or

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees.

Explained in Simple Words

Section 186 of the Bharatiya Nyaya Sanhita (BNS) deals with making, selling, dealing in, using for postal purposes, or possessing fictitious postage stamps. Under this section, a fictitious stamp means any stamp falsely purporting to be issued by Government for denoting a rate of postage, or any facsimile, imitation, or representation of such a stamp. The section also prohibits making or possessing without lawful excuse any die, plate, instrument, or materials for making fictitious stamps.

A violation is punishable with a fine which may extend to two hundred rupees, and any fictitious stamp, die, plate, instrument, or materials in a person's possession for making a fictitious stamp may be seized and forfeited. For postage stamps under this section and related provisions, the word Government is deemed to include persons authorised by law to administer executive Government in any part of India or in any foreign country.

Key Ingredients

  • Making, knowingly uttering, dealing in, selling, or knowingly using for postal purposes any fictitious stamp
  • Possessing any fictitious postage stamp without lawful excuse
  • Making or possessing without lawful excuse any die, plate, instrument, or materials for making fictitious stamps
  • Seizure and forfeiture of fictitious stamps and manufacturing equipment
  • Punishment of fine which may extend to two hundred rupees

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 No imprisonment is prescribed under Section 186 BNS.

💰 Punishable with fine extending to two hundred rupees under Section 186 BNS.

Section 186 BNS prescribes punishment of fine which may extend to two hundred rupees, and provides for seizure and forfeiture of fictitious stamps and making materials.

Real-World Example

Devendra operates a small printing shop in a commercial complex. Without any official authorization, he prints adhesive paper labels that imitate genuine India Post postage stamps and keeps metal printing plates for producing them in his workshop. Devendra sells sheets of these fabricated labels to local courier agents for use on postal packages, having no lawful excuse for possessing the plates or stamps. Devendra is liable under Section 186 BNS.

When This Does Not Apply

  • The stamp used or possessed was a genuine postage stamp issued by the Government
  • The die, plate, instrument, or materials were made or possessed with lawful excuse
  • The item was an illustration or design that did not purport to denote a rate of postage or imitate an official postage stamp
  • For possession of a fictitious stamp, the person had a lawful excuse

Previous Law

IPC 263A → Section 186(1) BNS

Section 263A IPC is now Section 186(1) BNS. The prohibition of fictitious stamps, the forfeiture provision and the fine of two hundred rupees remain unchanged, while the fourth sub-section updates cross-references and omits obsolete colonial references to Her Majesty's dominions.

Section 186(2) BNS: Prohibition of fictitious stamps

▶

Bare Act Text

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and, if seized shall be forfeited.

Explained in Simple Words

Section 186(2) of the Bharatiya Nyaya Sanhita (BNS) provides for the seizure and forfeiture of fake postage stamps and the tools or materials used to produce them. It applies to any person who has in their possession any fictitious stamp, die, plate, instrument, or materials for making a fictitious stamp, as referred to in Section 186(1) BNS.

This sub-section does not prescribe any imprisonment or fine of its own, as the monetary penalty of a fine extending up to two hundred rupees is set out separately in Section 186(1) BNS. Instead, Section 186(2) BNS states that any such stamp, die, plate, instrument, or materials in a person's possession for making a fictitious stamp may be seized, and once seized, they must be forfeited.

Under Section 186(3) BNS, a fictitious stamp means any stamp that falsely purports to be issued by Government to denote a rate of postage, including any facsimile, imitation, or representation of such a stamp on paper or otherwise. While the initial seizure is permissive, forfeiture becomes mandatory once the items are seized.

Key Ingredients

  • The item is a fictitious stamp falsely purporting to be issued by Government for denoting a rate of postage, or its facsimile, imitation or representation
  • Or the item is a die, plate, instrument or materials used for making a fictitious stamp
  • The stamp, die, plate, instrument or materials are in the possession of a person
  • The possession is for making a fictitious stamp

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section prescribes no imprisonment or fine, but provides that any fictitious stamp, die, plate, instrument or materials in a person's possession for making a fictitious stamp may be seized and, if seized, shall be forfeited.

Real-World Example

At a small printing shop on the outskirts of Pune, Karthik prints sheets that closely imitate Government postage stamps and sells them cheaply to courier agents through Lakshmi. To continue the work, he keeps a metal plate and special paper in the shop, while Devendra helps store the stock. On inspection, police find the fake stamps, the plate and the materials in their possession for making fictitious stamps. Under Section 186(2) BNS, the fictitious stamps, metal plate and materials may be seized and, once seized, shall be forfeited.

When This Does Not Apply

  • A person lawfully keeps old stamp-printing equipment under official authority or other lawful excuse
  • A shopkeeper sells decorative labels that do not purport to be Government postage stamps
  • A person possesses genuine postage stamps actually issued by Government
  • A designer makes a poster showing an enlarged image of a postage stamp for art or education, without making or possessing it as a fictitious stamp for postal use

Previous Law

IPC 263A(2) → Section 186(2) BNS

No material change appears in this sub-section. Section 263A(2) IPC and Section 186(2) BNS both say that such stamp, die, plate, instrument or materials in a person’s possession for making any fictitious stamp may be seized and, if seized, shall be forfeited. The only visible difference is drafting and renumbering from Section 263A(2) IPC to Section 186(2) BNS.

Section 186(3) BNS: Meaning of "fictitious stamp"

▶

Bare Act Text

(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

Explained in Simple Words

Section 186(3) of the Bharatiya Nyaya Sanhita (BNS) defines the term fictitious stamp for all offences and actions under Section 186 BNS. It applies whenever a court or authority determines whether an item involved in making, selling, dealing in, using, possessing, or seizing under Section 186(1) or Section 186(2) BNS qualifies as a fictitious stamp.

Under this definition, a fictitious stamp covers two categories of items. First, it includes any stamp that falsely purports to be issued by Government for the purpose of denoting a rate of postage. Second, it includes any facsimile, imitation, or representation of any stamp issued by Government for denoting a rate of postage, whether made on paper or in any other medium.

Because Section 186(3) BNS is purely a definition clause, it prescribes no imprisonment or fine of its own. The punishment of a fine extending up to two hundred rupees is prescribed in Section 186(1) BNS, while seizure and forfeiture are governed by Section 186(2) BNS. By covering representations made on paper or otherwise, the definition reaches non-paper reproductions as well.

Key Ingredients

  • The item is a stamp falsely purporting to be issued by Government
  • The purported issue by Government is for the purpose of denoting a rate of postage
  • Or the item is a facsimile, imitation or representation of any stamp issued by Government for denoting a rate of postage
  • Such facsimile, imitation or representation may be on paper or otherwise

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section only defines a fictitious stamp and prescribes no punishment of its own; the fine of up to two hundred rupees for prohibited acts involving fictitious stamps is set out in Section 186(1) BNS.

Real-World Example

To earn extra money, Anil used his small printing shop on the outskirts of Jodhpur to print labels that closely looked like India Post postage stamps. He knowingly sold these labels to Naveen and Arjun, who passed them on to local parcel agents for use on packets sent through the post. Because the labels were imitations of stamps issued by Government for denoting a rate of postage, they are fictitious stamps within the meaning of Section 186(3) BNS.

When This Does Not Apply

  • A person keeps old genuine postage stamps issued by Government as part of a stamp collection
  • A shop sells decorative stickers inspired by postal themes, but they do not purport to be Government-issued postage stamps and do not imitate any Government postage stamp
  • An adhesive label is issued by a private courier service in its own name without purporting to be or representing a stamp issued by Government for denoting a rate of postage
  • The stamp is a non-postal revenue or fiscal stamp that does not purport to denote a rate of postage and does not imitate a Government postage stamp

Previous Law

IPC 263A(3) → Section 186(3) BNS

No material change appears in the definition itself. Section 263A(3) IPC and Section 186(3) BNS both define “fictitious stamp” in identical terms as any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile, imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

Section 186(4) BNS: Interpretation for related sections

▶

Bare Act Text

(4) In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (both inclusive) the word “Government”, when used in connection with, or in reference to any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in clause (12) of section 2, be deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country.

Explained in Simple Words

Section 186(4) of the Bharatiya Nyaya Sanhita (BNS) sets out a special rule of interpretation for the word Government when dealing with postage stamps. It applies to proceedings and offences under Section 186 BNS as well as Sections 178 to 181 (both inclusive) and Sections 183 to 185 (both inclusive) BNS whenever the word Government is used in connection with, or in reference to, a stamp issued for denoting a rate of postage.

Under this sub-section, notwithstanding the general definition in Section 2(12) BNS, the word Government is deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country. Because of this rule, offences involving counterfeit or fictitious postage stamps apply equally to foreign government postage stamps and Indian postage stamps.

Section 186(4) BNS is purely an explanatory provision and prescribes no imprisonment or fine of its own. Any punishment depends on the substantive offence section invoked, such as the fine of up to two hundred rupees under Section 186(1) BNS. The extended meaning applies only to stamps denoting a rate of postage and not to other revenue stamps.

Key Ingredients

  • The question arises under Section 186 BNS, Sections 178 to 181 (both inclusive) BNS, or Sections 183 to 185 (both inclusive) BNS
  • The word Government is used in connection with, or in reference to, a stamp issued for the purpose of denoting a rate of postage
  • The stamp relates to the person or persons authorised by law to administer executive Government in any part of India or in any foreign country
  • This extended meaning applies notwithstanding the general definition of Government in Section 2(12) BNS

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section is an interpretation clause that expands the meaning of Government in relation to postage stamps and prescribes no punishment of its own.

Real-World Example

At his stationery counter outside the post office area in Indore, Sanjay secretly prints labels that imitate postage stamps issued by the executive government of a foreign country and sells them cheaply to Vikram and Rukhsana, while keeping the printing plates in a back room. When caught, Sanjay claims that Section 186 BNS applies only to Indian Government stamps because Section 2(12) BNS defines Government as the Central or a State Government. Under Section 186(4) BNS, however, in relation to postage stamps, the word Government includes persons authorised by law to administer executive Government in any part of India or in any foreign country, so Sanjay is liable under Section 186 BNS.

When This Does Not Apply

  • The stamp in question is a non-postal revenue stamp rather than a stamp issued for the purpose of denoting a rate of postage
  • The case arises under a BNS provision outside Section 186, Sections 178 to 181, and Sections 183 to 185, where the general definition of Government in Section 2(12) BNS applies
  • The label or token purports to be issued by a private body or club rather than by a person authorised by law to administer executive Government in India or a foreign country
  • A person possesses or uses genuine postage stamps lawfully issued by the executive Government in India or a foreign country

Previous Law

IPC 263A(4) → Section 186(4) BNS

No material change in substance is visible in Section 186(4) BNS compared with Section 263A(4) IPC. The deeming rule for the word “Government” in relation to postage stamps is retained, but the cross-references are updated from Section 17 IPC to clause (12) of Section 2 BNS, and from Sections 255 to 263 IPC to Sections 178 to 181 (both inclusive) and Sections 183 to 185 (both inclusive) BNS. The wording also now says “authorised” and refers to any part of India or any foreign country, while the old text separately mentioned Her Majesty’s dominions.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·