What is Section 261 IPC? Effacing writing from substance bearing Government stamp, or removing stamp to cause loss
Published on: Lawiz Team
Learn about Section 261 IPC: Effacing writing from substance bearing Government stamp, or removing stamp to cause loss
Official Legal Text
Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance bearing a Government stamp any writing or document for which such stamp has been used, or removes from any document a stamp which has been used for the same, in order that such stamp may be used again, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 261 punishes anyone who removes or effaces writing on a substance with a Government stamp, intending to cause loss to the Government.
Purpose
To prevent the misuse of Government stamps and ensure that they are not fraudulently reused.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.
Key Elements
1. The person must remove or efface writing from a Government stamp. 2. The intention must be to cause loss to the Government. 3. The stamp must be an official Government stamp.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Defenses
If the person can prove the removal or effacement was accidental.
Judicial Interpretation
Courts focus on the intention to cause loss to the Government.
Illustration
If a person removes the printed value from a Government stamp to reuse it, they can be punished under Section 261.
FAQs
What does Section 261 IPC define?
Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.
When is Section 261 IPC applicable?
It applies to offences like effacing writing from substance bearing government stamp, or removing from document a stamp used for it, with intent to cause loss to government, fraud, negligence, or disruption of public safety.
Why is Section 261 IPC important?
It ensures accountability and prevents fraudulent, negligent, or dangerous activities.
Give an example involving Section 261 IPC.
Examples include counterfeit government stamps, adulterated food, negligent public danger acts, etc.
What is the punishment under Section 261 IPC?
Punishment may include imprisonment, fine, or both depending on the gravity of the act.
How do courts deal with Section 261 IPC violations?
Courts view these violations seriously to maintain public trust, health, and law and order.
How can offences under Section 261 IPC be prevented?
Awareness, regulatory compliance, and strict law enforcement can prevent such offences.