Section 263A IPC: Prohibition of fictitious stamps
Indian Penal Code, 1860
Section 263A IPC at a Glance
Section 263A IPC deals with prohibition of fictitious stamps. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 186 BNS.
None. The section prescribes fine only.
Section 263A IPC Bare Act Text
263A. Prohibition of fictitious stamps
(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 255 to 263, 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 section 17, be deemed to include the person or persons authorized by law to administer executive Government in any part of India, and also in any part of Her Majesty's dominions or in any foreign country.
Source: Section 263A, Indian Penal Code, 1860
Section 263A IPC in Simple Words
Section 263A of the Indian Penal Code (IPC) prohibits making, knowingly uttering, dealing in, selling, or knowingly using for postal purposes any fictitious postage stamp. The section also prohibits possessing any fictitious stamp without lawful excuse, or making or possessing any die, plate, instrument, or materials for making such stamps without lawful excuse.
Any such stamp, die, plate, instrument, or materials may be seized and forfeited upon seizure. The offence carries punishment of fine which may extend to two hundred rupees.
Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, bailable, and triable by any Magistrate.
Ingredients of Section 263A IPC
- Making, knowingly uttering, dealing in, selling, or knowingly using for any postal purpose any fictitious stamp
- Or possessing any fictitious stamp without lawful excuse
- Or making or possessing without lawful excuse any die, plate, instrument, or materials for making any fictitious stamp
- The stamp was a fictitious stamp, that is, one falsely purporting to be issued by Government to denote a rate of postage, or a facsimile, imitation or representation of such a stamp
Punishment Under Section 263A IPC
None. The section prescribes fine only.
Fine which may extend to two hundred rupees.
Making, dealing in, using or possessing a fictitious stamp, or the means of making one, is punishable with fine of up to two hundred rupees. Sub-section (2) also provides for the seizure and forfeiture of the stamps and materials.
Example of Section 263A IPC
When Section 263A IPC Does Not Apply
- Section 263A IPC does not apply when the stamp made, sold, used, or possessed was a genuine postage stamp validly issued by the Government.
- A person who merely possessed a fictitious postage stamp and had a lawful excuse for keeping it commits no offence under Section 263A IPC.
- Possessing a die, plate, instrument, or materials capable of making a fictitious stamp is not punishable under Section 263A IPC if the person had a lawful excuse for that possession and did not make the item.
- Section 263A IPC is not attracted if the printed sticker did not falsely purport to be a Government stamp denoting a rate of postage and was not a facsimile, imitation, or representation of such a stamp.
Section 263A IPC in the BNS
Section 263A IPC is now covered under Section 186 BNS.
Section 263A IPC is now Section 186 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.
View detailed comparison (IPC 263A vs BNS 186) →FAQs on Section 263A IPC
What does Section 263A IPC punish?▼
It punishes making, knowingly uttering, dealing in, selling, or knowingly using for postal purposes any fictitious stamp, as well as possessing fictitious stamps or making materials without lawful excuse.
What is the punishment under Section 263A IPC?▼
Punishment of fine which may extend to two hundred rupees; no term of imprisonment is prescribed.
What happens to fictitious stamps and equipment seized under Section 263A IPC?▼
Under the second sub-section, any such stamp, die, plate, instrument, or materials in the possession of any person for making fictitious stamps may be seized and, if seized, shall be forfeited.
Where is Section 263A IPC placed in the Bharatiya Nyaya Sanhita, 2023?▼
In Section 186 BNS, where the substantive offences, definition, forfeiture provision, and fine of two hundred rupees are retained.
Is Section 263A IPC bailable?▼
Yes. The offence is bailable and cognizable under the First Schedule to the Code of Criminal Procedure.
Which court tries Section 263A IPC?▼
It is triable by any Magistrate.
Can an offence under Section 263A IPC be compounded?▼
No. Section 263A IPC is not compoundable under Section 320 CrPC.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·