Section 238 IPC: Import or export of counterfeits of the Indian coin

Indian Penal Code, 1860

Section 238 IPC at a Glance

Section 238 IPC deals with import or export of counterfeits of the Indian coin. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 179 BNS.

Punishment

Imprisonment for life, or imprisonment of either description for a term which may extend to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 179 →

Section 238 IPC Bare Act Text

238. Import or export of counterfeits of the Indian coin

Whoever imports into India, or exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of Indian coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 238, Indian Penal Code, 1860

Section 238 IPC in Simple Words

Section 238 of the Indian Penal Code (IPC) punishes importing into India, or exporting from India, any counterfeit coin knowing or having reason to believe that it is a counterfeit of Indian coin.

The punishment is imprisonment for life, or imprisonment of either description for up to ten years, and fine.

Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, non-bailable, and triable by the Court of Session.

Ingredients of Section 238 IPC

  • Importing into India, or exporting from India, any counterfeit coin
  • The coin is a counterfeit of Indian coin as defined in Section 230 IPC
  • Knowing or having reason to believe that the coin is a counterfeit of Indian coin

Punishment Under Section 238 IPC

Imprisonment

Imprisonment for life, or imprisonment of either description for a term which may extend to ten years.

Fine

The offender shall also be liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Importing or exporting counterfeits of Indian coin is punishable with imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine.

Example of Section 238 IPC

In 2016, Manish arrived by sea at Visakhapatnam harbour aboard a merchant vessel from abroad. Hidden inside the false floor of his luggage trunk, Manish brought bags of fake Indian ten-rupee and twenty-rupee coins into India. Having inspected the imitation coins before boarding, Manish knew that they were counterfeits of Indian coin. By bringing those fake coins across the sea customs barrier into Visakhapatnam, Manish imported counterfeit coin knowing it to be a counterfeit of Indian coin. Manish is punishable under Section 238 IPC.

When Section 238 IPC Does Not Apply

  • Section 238 IPC does not apply when the coins imported into or exported from India are genuine Indian coins.
  • Section 238 IPC does not apply when the counterfeit coins imported or exported are imitations of foreign coin rather than Indian coin.
  • Section 238 IPC does not apply when the accused only transported the counterfeit Indian coins domestically without importing them into India or exporting them out of India.
  • Section 238 IPC does not apply when the person neither knew nor had reason to believe that the coins were counterfeits of Indian coin.

Section 238 IPC in the BNS

Section 238 IPC is now covered under Section 179 BNS.

Section 238 IPC is merged into Section 179 BNS, which consolidates importing, exporting, selling, delivering, buying, receiving, trafficking, and using as genuine any forged or counterfeit coin, Government stamp, currency-note, or bank-note. The BNS removes the separate classification of Indian coin, applying a single rule to all counterfeit coin. The punishment remains imprisonment for life, or imprisonment of either description for up to ten years, and fine.

View detailed comparison (IPC 238 vs BNS 179) →

FAQs on Section 238 IPC

What does Section 238 IPC punish?▼

It punishes importing into India, or exporting from India, any counterfeit coin knowing or having reason to believe that it is a counterfeit of Indian coin.

What is the punishment under Section 238 IPC?▼

Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and fine.

How did Section 238 IPC differ from Section 237 IPC?▼

Section 237 IPC applied to any counterfeit coin and carried imprisonment for up to three years, whereas Section 238 IPC applied specifically to Indian coin and carried imprisonment for life or up to ten years.

Is Section 238 IPC bailable?▼

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 238 IPC?▼

It is triable by the Court of Session.

Can an offence under Section 238 IPC be compounded?▼

No. Section 238 IPC is not compoundable under Section 320 CrPC.

Where is Section 238 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is merged into Section 179 BNS, which eliminates the separate classification of Indian coin.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·