What is Section 259 IPC? Having possession of counterfeit Government stamp
Published on: Lawiz Team
Learn about Section 259 IPC: Having possession of counterfeit Government stamp
Official Legal Text
Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use or dispose of the same as a genuine stamp, or that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 259 punishes anyone who possesses a counterfeit Government stamp, knowing it to be counterfeit.
Purpose
To prevent individuals from possessing counterfeit Government stamps, reducing the risk of their use.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The person must possess a Government stamp. 2. The stamp must be counterfeit. 3. The person must know it is counterfeit.
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 of the counterfeit nature of the stamp.
Judicial Interpretation
Courts focus on the knowledge of the counterfeit nature of the stamp at the time of possession.
Illustration
If a person knowingly keeps a fake Government stamp in their possession, they can be punished under Section 259.
FAQs
What does Section 259 IPC define?
Having possession of counterfeit Government stamp.
When is Section 259 IPC applicable?
It applies to offences like having possession of counterfeit government stamp, fraud, negligence, or disruption of public safety.
Why is Section 259 IPC important?
It ensures accountability and prevents fraudulent, negligent, or dangerous activities.
Give an example involving Section 259 IPC.
Examples include counterfeit government stamps, adulterated food, negligent public danger acts, etc.
What is the punishment under Section 259 IPC?
Punishment may include imprisonment, fine, or both depending on the gravity of the act.
How do courts deal with Section 259 IPC violations?
Courts view these violations seriously to maintain public trust, health, and law and order.
How can offences under Section 259 IPC be prevented?
Awareness, regulatory compliance, and strict law enforcement can prevent such offences.