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Section 188: Unlawfully Taking from a Mint Any Coining Instrument

Bharatiya Nyaya Sanhita • Chapter IX: Of Offences Relating to Coin, Currency & Stamps • Official Statutory Text & Legal Guide

Chapter IX: Of Offences Relating to Coin, Currency & Stamps
Magistrate 1st Class
Non-Bailable
Cognizable
Formerly Sec 245 IPC
Section 187 All 358 Sections of Bharatiya Nyaya Sanhita Section 189

Legal Commentary & Landmark Judgments: Section 188

Section 188 penalizes unlawfully taking from a mint any coining instrument or die, prescribing imprisonment of either description for a term which may extend to seven years, and fine.

  • Theft of Mint Tools: Unlawfully taking out of any mint any coining tool, die, collar, or instrument.
  • Without Lawful Authority: Done without lawful authority or permission of the mint master.
  • Precursor to Counterfeiting: Severely punishes the leakage of official dies to counterfeit currency syndicates (formerly Section 245 IPC).
Key Landmark Precedents:
  • State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659: Affirmed that leakage of official security dies and plates from government facilities warrants maximum custodial penalties under coining provisions.
  • Nazir Khan v. State of Delhi (2003) 8 SCC 461: Examined state security protections over official monetary infrastructure.
Courtroom Practice & Strategic Litigation Guidance:

In internal security audits of mint personnel, verify inventory logs: if the die never left the secure vault and was merely moved to a different stamping department, the physical 'taking out of the mint' is disproved, defeating Section 188 charges.

Section 187 All 358 Sections of Bharatiya Nyaya Sanhita Section 189