Section Overview
Section Number:
IPC Section 246
Section Title:
Fraudulently or Dishonestly Removing or Destroying Coining Instrument
Act:
Indian Penal Code, 1860 (IPC)
Status:
Active under IPC framework; corresponding principles continue under the Bharatiya Nyaya Sanhita (BNS), 2023 relating to mint security and economic offences.
Applicability:
IPC Section 246 applies when:
-
A person fraudulently or dishonestly removes a coining instrument from a mint; OR
-
The person destroys or damages a coining instrument;
-
The act is intentional and done with dishonest intent;
-
The instrument is used for official coin production.
This section strengthens protection of mint machinery and tools.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 246 ka simple matlab hai ki agar koi vyakti mint ke coin banane wale tools ko jaanbujhkar chura leta hai, tod deta hai, ya damage karta hai, to woh crime karta hai.
Simple words mein:
"Mint ke important coin-making tools ko jaanbujhkar nuksan pahunchana ya chura lena crime hai."
Yeh law ensure karta hai ki currency production system safe rahe.
Legal Definition (Original Law Text)
The essence of IPC Section 246 is:
Whoever fraudulently or dishonestly removes or destroys any coining instrument from a mint commits an offence.
Practical Interpretation
For conviction under Section 246, prosecution generally needs to prove:
-
The object was a coining instrument;
-
It belonged to a mint;
-
The accused removed or destroyed it;
-
The act was fraudulent or dishonest;
-
There was intention to cause wrongful gain or loss.
The section focuses on dishonest conduct affecting mint operations.
Why IPC Section 246 Was Introduced?
Mint equipment is extremely sensitive because:
-
It is directly linked to currency production;
-
Its misuse can enable counterfeiting;
-
Its destruction can disrupt economic stability;
-
It is government-controlled high-security property.
Therefore, stricter punishment is necessary.
Difference Between Section 245 and 246
IPC Section 245
Unlawfully taking coining instrument from mint.
IPC Section 246
Fraudulently or dishonestly removing or destroying coining instrument.
Thus:
-
Section 245 = Unauthorized removal.
-
Section 246 = Fraudulent removal or destruction with dishonest intent.
Section 246 is more serious due to intent element.
Importance of Dishonest Intent
The prosecution must establish:
-
Fraudulent or dishonest intention.
Without proving intent, liability may not arise under Section 246.
Punishment & Legal Classification
Punishment
IPC Section 246 provides:
-
Imprisonment up to 10 years; AND
-
Fine.
The punishment reflects seriousness of harming mint infrastructure.
Bailable / Non-Bailable
Non-Bailable
Cognizable / Non-Cognizable
Cognizable
Compoundable
Non-Compoundable
Triable By
Court of Session
IPC ↔ BNS Mapping
IPC Section
IPC Section 246
BNS Equivalent
The Bharatiya Nyaya Sanhita contains provisions relating to:
-
Protection of mint property;
-
Economic offences;
-
Fraud affecting currency systems.
Status
IPC repealed and replaced by BNS, but principle continues.
Real-Life Examples
Example 1: Destroying Coin Dies
A mint employee intentionally destroys coin dies to disrupt production.
Section 246 applies.
Example 2: Theft and Damage
A person steals mint equipment and damages it to prevent its use.
This attracts liability.
Example 3: Sabotage of Mint Operations
An insider intentionally damages mint machinery for financial gain or sabotage.
Section 246 becomes applicable.
Landmark Judgments
Case Name:
State of Maharashtra v. Mayer Hans George
Court:
Supreme Court of India
Key Takeaway:
Acts affecting economic security and public revenue are treated with strict liability.
Case Name:
R.K. Dalmia v. Delhi Administration
Court:
Supreme Court of India
Key Takeaway:
Dishonest handling of government property attracts serious criminal consequences.
Case Name:
Mobarik Ali Ahmed v. State of Bombay
Court:
Supreme Court of India
Key Takeaway:
Intent and knowledge are essential components in fraud-related offences.
Legal Insights
When Is This Section Applied?
Section 246 becomes relevant when:
-
Mint instruments are destroyed or stolen;
-
Fraud or dishonesty is proven;
-
Internal sabotage in mint is detected;
-
Equipment misuse is discovered during investigation.
Common Misuse Scenarios
Accidental Damage
Unintentional damage may not attract liability.
Mechanical Failure
Equipment failure may be mistaken for intentional destruction.
Lack of Intent
No fraudulent intention exists.
Misattribution
Accused wrongly linked to the damage.
Defenses Available
No Dishonest Intention
The act was accidental.
Lack of Participation
The accused did not commit or assist the act.
Technical Breakdown
Damage occurred due to machinery failure.
False Allegation
Accused wrongly implicated.