Section 258 IPC: Sale of counterfeit Government stamp

Indian Penal Code, 1860

Section 258 IPC at a Glance

Section 258 IPC deals with sale of counterfeit Government stamp. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 179 BNS.

Punishment

Imprisonment of either description for a term which may extend to seven years.

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

Section 179 →

Section 258 IPC Bare Act Text

258. Sale of counterfeit Government stamp

Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue, 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 258, Indian Penal Code, 1860

Section 258 IPC in Simple Words

Section 258 of the Indian Penal Code (IPC) punishes selling, or offering for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue.

The punishment is imprisonment of either description for up to seven years, and fine.

Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, non-bailable, and triable by a Magistrate of the first class.

Ingredients of Section 258 IPC

  • The stamp was a counterfeit of a stamp issued by Government for the purpose of revenue
  • The accused sold that stamp, or offered it for sale
  • The accused knew or had reason to believe that the stamp was counterfeit

Punishment Under Section 258 IPC

Imprisonment

Imprisonment of either description for a term which may extend to seven years.

Fine

The offender shall also be liable to fine.

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

Selling a counterfeit Government stamp is punishable with imprisonment of either description for up to seven years, and the offender is also liable to fine.

Example of Section 258 IPC

In 2021, Raghav ran a stationery shop in Thrissur. He acquired packets of fake excise stamps from an unauthorized supplier at a steep discount, knowing and having reason to believe that each stamp was a counterfeit of a stamp issued by the Government for the purpose of revenue. Raghav sold ten packets of those counterfeit stamps to a merchant and offered the remaining packets for sale to local traders. Raghav is punishable under Section 258 IPC.

When Section 258 IPC Does Not Apply

  • Section 258 IPC does not apply if the stamp sold or offered for sale was a genuine revenue stamp issued by the Government, or was a private seal not issued by the Government for revenue.
  • No liability arises under Section 258 IPC where a person merely held or examined a counterfeit stamp without selling it or offering it for sale.
  • A vendor who sold or offered a counterfeit Government revenue stamp honestly believing it to be genuine, without knowing or having reason to believe that it was counterfeit, is not punishable under Section 258 IPC.

Section 258 IPC in the BNS

Section 258 IPC is now covered under Section 179 BNS.

Section 258 IPC penalized selling, or offering for sale, any stamp which the seller knows or has reason to believe to be a counterfeit of a Government revenue stamp, with imprisonment of either description for up to seven years and fine. Section 179 BNS absorbs this offence into a unified provision covering importing, exporting, selling, delivering, buying, receiving, trafficking in, or using as genuine any forged or counterfeit coin, Government stamp, currency-note, or bank-note. Section 258 IPC punishes whoever sells, or offers for sale, whereas Section 179 BNS does not use the words offers for sale. The maximum punishment rises from seven years imprisonment under Section 258 IPC to imprisonment for life, or imprisonment of either description for up to ten years, and fine under Section 179 BNS.

View detailed comparison (IPC 258 vs BNS 179) →

FAQs on Section 258 IPC

What does Section 258 IPC punish?▼

It punishes selling, or offering for sale, any stamp which the person knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue.

What is the punishment under Section 258 IPC?▼

Imprisonment of either description for a term which may extend to seven years, and liability to fine.

Does Section 258 IPC require an actual sale to occur?▼

No. The offence is complete upon selling or merely offering the counterfeit stamp for sale with the required guilty knowledge.

How is the offence under Section 258 IPC covered under the Bharatiya Nyaya Sanhita, 2023?▼

Section 179 BNS absorbs selling counterfeit stamps into general trafficking of counterfeit coin, stamps, and currency, raising the maximum penalty to imprisonment for life, or up to ten years, and fine.

Does Section 179 BNS use the words offers for sale?▼

No. Section 179 BNS does not use the words offers for sale found in Section 258 IPC.

Is Section 258 IPC bailable?▼

No. The offence is non-bailable and cognizable under the First Schedule to the Code of Criminal Procedure.

Which court tries Section 258 IPC?▼

It is triable by a Magistrate of the first class.

Can an offence under Section 258 IPC be compounded?▼

No. Section 258 IPC is not compoundable under Section 320 CrPC.

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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 ·