BNS Section 186- Prohibition of fictitious stamps | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 186 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

Prohibition of fictitious stamps.—(1) Whoever— makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp; or has in his possession, without lawful excuse, any fictitious stamp; or 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. 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. 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. In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (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 clause (12) of section 2, be deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country.

Procedural Details

Punishment

Fine

Nature of Offense

Non-cognizable

Bail Eligibility

Bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Any Magistrate

Frequently Asked Questions about BNS Section 186

According to the official bare act, this legal offense is defined as: Prohibition of fictitious stamps.—(1) Whoever— makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp; or has in his possession, without lawful excuse, any fictitious stamp; or 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. 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. 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. In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (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 clause (12) of section 2, be deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country.
The punishment for this specific offense is outlined under the new law as: Fine
Under the new legal framework, this specific offense is classified as a Bailableoffense.
The legal status regarding police arrest without a warrant is that this offense isNon-cognizable.
Cases pertaining to this specific BNS section are triable by the Any Magistrate.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

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