Section 179 BNS: Using as Genuine Forged/Counterfeit Coin, Currency Notes (Formerly Sections 239, 240, 489B IPC)

Section 179 of Bharatiya Nyaya Sanhita: Using as Genuine Forged/Counterfeit Coin, Currency Notes

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever imports or exports, or sells or delivers to, or buys or receives from, any other person, or otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp, currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, 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.

Legal Commentary & Landmark Judgments: Section 179

Section 179 penalizes using as genuine forged or counterfeit coins, government stamps, currency notes, or bank notes, prescribing imprisonment for life or up to ten years, and fine, requiring proof of knowledge or reason to believe that the currency was counterfeit.

Using or Trafficking Counterfeits: Selling, buying, receiving, or otherwise trafficking in or using as genuine any counterfeit coin, stamp, or currency note.
Mandatory Mens Rea: The person MUST know or have reason to believe that the coin or currency note is forged or counterfeit.
Severe Penal Sanction: Carries imprisonment for life or up to ten years imprisonment (formerly Section 489B IPC).

Key Landmark Precedents:

M. Mammutti v. State of Karnataka (1979) 4 SCC 723: The Supreme Court held that under Section 489B IPC (Section 179 BNS), mere possession or tendering of a fake note does not constitute an offence unless it is proved that the accused knew or had reason to believe the note was counterfeit; innocent citizens receiving fake notes cannot be convicted without mens rea.
Uma Shankar v. State of Chhattisgarh (2001) 9 SCC 642: Reiterated that the prosecution must lead affirmative evidence showing that the accused knew the currency was fake.

Courtroom Practice & Strategic Litigation Guidance:

In defending an innocent shopkeeper or citizen who deposited a fake note received from a customer, cite M. Mammutti and Uma Shankar: the prosecution must prove that your client had knowledge of counterfeiting. Without proof of mens rea, Section 179 BNS charges must be quashed.

Section 179: Using as Genuine Forged/Counterfeit Coin, Currency Notes

Section 179 of Bharatiya Nyaya Sanhita: Using as Genuine Forged/Counterfeit Coin, Currency Notes

Legal Commentary & Landmark Judgments: Section 179