Section 186 BNS: Prohibition of Fictitious Stamps

Section 186 of the Bharatiya Nyaya Sanhita, 2023 prohibits making, knowingly using, dealing in, selling or possessing fictitious postage stamps and certain tools or materials used to make them. The section also provides for seizure and forfeiture and defines both "fictitious stamp" and the extended meaning of "Government" for specified postage-stamp provisions.

Bare Act Text of Section 186 BNS

Meaning and Scope of Section 186 BNS

Section 186 is directed at fictitious postage stamps rather than ordinary revenue stamps generally. It covers the creation and circulation of false postage stamps, knowing postal use of such stamps, possession without lawful excuse, and possession or manufacture of equipment or material for making fictitious stamps.

The section contains its own statutory definition of a fictitious stamp and a special extended meaning of the word "Government" for postage-stamp offences. These definitions are important because they determine the range of stamps and issuing authorities covered by the provision.

Definition of "Fictitious Stamp"

The definition is therefore broader than a direct counterfeit. It expressly covers a facsimile, imitation or representation of a Government postage stamp.

Meaning of "Government" for Postage Stamps

Section 186(4) gives the word "Government" an extended meaning when it is used in connection with stamps issued to denote a rate of postage. For Section 186 and Sections 178 to 181 and 183 to 185, it includes persons authorised by law to administer executive Government in any part of India or in any foreign country.

This special definition applies notwithstanding the general definition in clause (12) of Section 2 of the BNS.

Acts Prohibited by Section 186

Section 186(1) covers several distinct forms of conduct:

1. making a fictitious stamp;
2. knowingly uttering, dealing in or selling a fictitious stamp;
3. knowingly using a fictitious stamp for any postal purpose;
4. possessing a fictitious stamp without lawful excuse;
5. making a die, plate, instrument or materials for making a fictitious stamp; or
6. possessing, without lawful excuse, a die, plate, instrument or materials for making a fictitious stamp.

Knowledge and lawful excuse

Different clauses use different mental or justificatory requirements. Clause (a) expressly requires knowledge for uttering, dealing in, selling or postal use. Clauses (b) and (c) make absence of a lawful excuse important for possession. Whether the required knowledge or lawful excuse exists depends on the facts and evidence of the particular case.

Seizure and Forfeiture Under Section 186(2)

Section 186(2) provides that a fictitious stamp, die, plate, instrument or materials possessed for making a fictitious stamp may be seized. If seized, the article is liable to forfeiture in accordance with the provision.

Punishment and Procedural Classification

The punishment under Section 186(1) is a fine which may extend to two hundred rupees.

The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Section 186 is part of Chapter X, dealing with offences relating to coin, currency-notes, bank-notes and Government stamps.

Corresponding Provision Under the Indian Penal Code

Section 186 BNS substantially carries forward Section 263A of the Indian Penal Code, 1860, which was also titled "Prohibition of fictitious stamps". For conduct occurring before commencement of the BNS, the applicable law may depend on the date of the alleged offence and the relevant saving provisions.

Related BNS Sections

Section 186 is linked to nearby provisions concerning Government stamps, currency and coin.

• Section 181 - Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes
• Section 182 - Making or using documents resembling currency-notes or bank-notes
• Section 183 - Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it
• Section 184 - Using Government stamp known to have been before used
• Section 185 - Erasure of mark denoting that stamp has been used
• Section 187 - Person employed in Mint causing coin to be of different weight or composition

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