What is Section 238 IPC? Import or export of counterfeits of Indian coin
Published on: Lawiz Team
Learn about Section 238 IPC: Import or export of counterfeits of Indian coin
Official Legal Text
Whoever imports into India, or exports therefrom, any counterfeit Indian coin, knowing or having reason to believe that the same is 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.
What This IPC Section Means – Explained in Simple Words
Section 238 punishes anyone who imports or exports counterfeit Indian coins, knowing them to be counterfeit.
Purpose
To protect the integrity of the Indian currency by preventing the import or export of counterfeit Indian coins.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. The person must import or export counterfeit Indian coins. 2. They must know that the coins are counterfeit. 3. The coins must be Indian coins.
Punishment Details
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Legal Defenses
If the person can prove they were unaware that the coins were counterfeit.
Judicial Interpretation
Courts focus on the knowledge of the counterfeit nature of the Indian coins.
Illustration
If a person imports fake Indian coins from another country, knowing they are counterfeit, they can be punished under Section 238.
FAQs
What does Section 238 IPC define?
Import or export of counterfeits of Indian coin.
Where is Section 238 IPC applicable?
It deals with offences involving import or export of counterfeits of indian coin and safeguarding judicial and monetary integrity.
Why is Section 238 IPC important?
It protects the authenticity of judicial processes, coinage, and public administration.
Can you provide an example involving Section 238 IPC?
Examples include counterfeiting coins, false judicial acts, and breach of legal procedures.
What punishment is prescribed under Section 238 IPC?
Punishment may include imprisonment, fine, or both, depending on the seriousness of the offence.
Is Section 238 IPC linked with other IPC provisions?
Yes, especially with sections related to fraud, public justice, and financial crimes.
How do courts interpret Section 238 IPC?
Courts interpret these sections strictly to uphold honesty, justice, and trust in legal and financial systems.