Section 188 BNS: Unlawfully taking coining instrument from mint

Bharatiya Nyaya Sanhita, 2023

Section 188 BNS at a Glance

Section 188 BNS deals with unlawfully taking coining instrument from mint. It is non-bailable and cognizable, triable by Magistrate of the first class; it replaced Section 245 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to seven years under Section 245 IPC. Section 188 BNS provides the identical term of imprisonment of either description for up to seven years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 245 →

Section 188 BNS Bare Act Text

188. Unlawfully taking coining instrument from mint

Whoever, without lawful authority, takes out of any mint, lawfully established in India, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 188, Bharatiya Nyaya Sanhita, 2023

Section 188 BNS in Simple Words

Section 188 of the Bharatiya Nyaya Sanhita (BNS) deals with taking a coining tool or instrument out of a mint without lawful authority. In simple terms, it applies to anyone who takes any coining tool or instrument out of a mint that is lawfully established in India, without having lawful authority to do so. The law is aimed at protecting the integrity of coin production and preventing the misuse of official minting instruments. This section can apply to a person working in or connected with a mint, or an outsider who takes the instrument out without authority.

The focus is on the unauthorised taking of the instrument itself, not on whether counterfeit coins are actually made later. In practical terms, it is a preventive offence. The law steps in early to stop the removal of minting tools before currency and public trust can be affected.

Ingredients of Section 188 BNS

  • Taking any coining tool or instrument out of a lawfully established mint
  • The mint is lawfully established in India
  • The act is done without lawful authority
  • Punishment of imprisonment of either description for up to seven years, and liability to fine

Punishment Under Section 188 BNS

Imprisonment

Imprisonment of either description for up to seven years under Section 245 IPC. Section 188 BNS provides the identical term of imprisonment of either description for up to seven years.

Fine

Liable to fine under Section 245 IPC. Under Section 188 BNS, imprisonment must be imposed and the offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Both Section 245 IPC and Section 188 BNS punish unlawfully taking a coining tool or instrument out of a mint with imprisonment of either description for up to seven years, and liability to fine.

Example of Section 188 BNS

An artisan employed at a government mint in Kolkata conceals an engraved steel coining die in his bag and leaves the facility at the end of his shift without permission or pass. Security officers intercept him outside the gate and discover the die. The artisan is liable under Section 188 BNS for taking a coining instrument out of a lawfully established mint in India without lawful authority.

When Section 188 BNS Does Not Apply

  • The article taken was not a coining tool or instrument
  • The tool or instrument was not taken out of a mint lawfully established in India
  • The taking was done with lawful authority

Section 188 BNS in the IPC (Previous Law)

Section 188 BNS replaces Section 245 IPC from the old criminal code.

Section 188 BNS replaces Section 245 IPC with identical wording and statutory penalties. Both provisions penalize anyone who takes any coining tool or instrument out of a lawfully established mint in India without lawful authority. The maximum penalty remains imprisonment of either description for up to seven years along with fine.

View IPC Section 245 →

FAQs on Section 188 BNS

What does Section 188 BNS punish?▼

It punishes taking any coining tool or instrument out of a mint lawfully established in India without lawful authority. The law is meant to protect tools used in coin production from theft or misuse.

Does Section 188 BNS require fake coins to be made?▼

No, actual counterfeiting is not necessary. The offence is complete when the coining tool or instrument is taken out of a lawfully established mint in India without lawful authority. The law focuses on preventing harm at an early stage.

Who can be charged under Section 188 BNS?▼

Any person who takes a coining tool or instrument out of the mint without lawful authority can be charged. That can include an employee, contractor, or an outsider involved in the taking.

What replaced Section 245 IPC in the BNS?▼

Section 188 of the Bharatiya Nyaya Sanhita (BNS), 2023 is the provision currently in force for this offence. It punishes taking a coining tool or instrument out of a lawfully established mint in India without lawful authority with imprisonment of either description for up to seven years and liability to fine.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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