Section 235 IPC: Possession of instrument or material for the purpose of using the same for counterfeiting coin
Indian Penal Code, 1860
Section 235 IPC at a Glance
Section 235 IPC deals with possession of instrument or material for the purpose of using the same for counterfeiting coin. It is non-bailable and cognizable; from 1 July 2024 it is replaced by Section 181 BNS.
Imprisonment of either description for a term which may extend to three years. If the coin to be counterfeited is Indian coin, imprisonment of either description for a term which may extend to ten years.
Section 235 IPC Bare Act Text
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin
Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
if Indian coin.βand if the coin to be counterfeited is Indian coin, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Source: Section 235, Indian Penal Code, 1860
Section 235 IPC in Simple Words
Section 235 of the Indian Penal Code (IPC) punishes possession of any instrument or material for counterfeiting coin. It applies where possession is held for the purpose of using the same for counterfeiting coin, or with knowledge or reason to believe that it is intended to be used for that purpose.
The punishment is imprisonment of either description for up to three years and fine, or up to ten years and fine if the coin is Indian coin. The offence is cognizable and non-bailable, triable by a Magistrate of the first class for coin, or by the Court of Session if Indian coin.
Ingredients of Section 235 IPC
- Possession of any instrument or material
- Holding such possession for the purpose of using the instrument or material for counterfeiting coin, or knowing or having reason to believe that it is intended to be used for that purpose
Punishment Under Section 235 IPC
Imprisonment of either description for a term which may extend to three years. If the coin to be counterfeited is Indian coin, imprisonment of either description for a term which may extend to ten years.
The offender shall also be liable to fine in either case.
Possessing an instrument or material for counterfeiting coin is punishable with imprisonment of either description for up to three years, and up to ten years if the coin is Indian coin. In either case the offender is also liable to fine.
Example of Section 235 IPC
When Section 235 IPC Does Not Apply
- Section 235 IPC does not apply when the accused did not have possession or control of the instrument or material.
- Section 235 IPC does not apply when the object found is neither an instrument nor material capable of being used to counterfeit coin.
- Section 235 IPC does not apply when the person held the instrument or material for legitimate craft or trade without any purpose, knowledge, or reason to believe that it would be used for counterfeiting coin.
- The enhanced ten-year punishment under Section 235 IPC does not apply when the coin intended to be counterfeited is foreign coin rather than Indian coin.
Section 235 IPC in the BNS
Section 235 IPC is now covered under Section 181 BNS.
Section 235 IPC is merged into Section 181 BNS, which consolidates making, mending, buying, selling, disposing of, and possessing machinery, dies, instruments, or materials for forging or counterfeiting coin, Government stamps, currency-notes, and bank-notes. The separate classification of Indian coin is omitted in Section 181 BNS. The punishment changes from three years for coin and ten years for Indian coin under Section 235 IPC to imprisonment for life, or imprisonment for up to ten years, and fine under Section 181 BNS.
View detailed comparison (IPC 235 vs BNS 181) βFAQs on Section 235 IPC
What does Section 235 IPC punish?βΌ
It punishes being in possession of any instrument or material for the purpose of using it for counterfeiting coin, or knowing or having reason to believe it is intended to be used for that purpose.
What is the punishment under Section 235 IPC?βΌ
Imprisonment of either description for up to three years and fine, or imprisonment of either description for up to ten years and fine if the coin is Indian coin.
Does Section 235 IPC apply if no counterfeit coin was produced?βΌ
Yes. Possession of the instrument or material with the requisite purpose or knowledge completes the offence under Section 235 IPC.
Is Section 235 IPC bailable?βΌ
No. The offence is non-bailable and cognizable under the First Schedule to the Code of Criminal Procedure.
Which court tries an offence under Section 235 IPC?βΌ
It is triable by a Magistrate of the first class if the coin is not Indian coin, and by the Court of Session if it is Indian coin.
Can an offence under Section 235 IPC be compounded?βΌ
No. Section 235 IPC is not compoundable under Section 320 CrPC.
Where is Section 235 IPC placed in the Bharatiya Nyaya Sanhita?βΌ
It is merged into Section 181 BNS, which covers instruments and materials for coin, stamps, and currency.
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Sources: Bare Act Text, Indian Penal Code, 1860 Β· Last updated: 16 Oct 2026 Β·