What is Section 263A IPC? Prohibition of fictitious stamps
Published on: Lawiz Team
Learn about Section 263A IPC: Prohibition of fictitious stamps
Official Legal Text
Whoever makes, knowingly utters, deals in, or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp,
or has in his possession, without lawful excuse, any fictitious stamp,shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Explanation 1: For the purposes of this section, the expression "fictitious stamp" means any stamp which is not a genuine postage stamp or revenue stamp issued by the Government of India or by the Government of any foreign country, and includes any stamp purporting to be such a postage stamp or revenue stamp.
Explanation 2: A person shall be deemed to "deal in" or "sell" fictitious stamps who displays for sale or invites purchase of, or attempts to sell, any such stamp.
What This IPC Section Means – Explained in Simple Words
Section 263A punishes anyone who makes, uses, or sells fictitious stamps that resemble Government stamps.
Purpose
To prevent the creation and circulation of fake stamps that appear similar to genuine Government stamps.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The stamp must be a fictitious or fake stamp. 2. It must resemble a genuine Government stamp. 3. The person must make, use, or sell such a stamp.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Legal Defenses
If the person can prove they were unaware that the stamp was fictitious.
Judicial Interpretation
Courts focus on the resemblance of the fictitious stamp to a genuine Government stamp and the intention to deceive.
Illustration
If a person prints and sells fake revenue stamps that look like Government stamps, they can be punished under Section 263A.
FAQs
What does Section 263A IPC define?
Prohibition of fictitious stamps.
When is Section 263A IPC applicable?
It applies to offences like prohibition of fictitious stamps, fraud, negligence, or disruption of public safety.
Why is Section 263A IPC important?
It ensures accountability and prevents fraudulent, negligent, or dangerous activities.
Give an example involving Section 263A IPC.
Examples include counterfeit government stamps, adulterated food, negligent public danger acts, etc.
What is the punishment under Section 263A IPC?
Punishment may include imprisonment, fine, or both depending on the gravity of the act.
How do courts deal with Section 263A IPC violations?
Courts view these violations seriously to maintain public trust, health, and law and order.
How can offences under Section 263A IPC be prevented?
Awareness, regulatory compliance, and strict law enforcement can prevent such offences.