What is Section 489D IPC? Making or Possessing Instruments or Materials for Forging or Counterfeiting Currency-Notes or Bank-Notes
Published on: Lawiz Team
Learn about Section 489D IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever makes or performs any part of the process of making, or buys, sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, 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 489D punishes anyone who makes, possesses, or has control of any instruments or materials for the purpose of forging or counterfeiting currency-notes or bank-notes.
Purpose
To prevent individuals from having tools or materials that can be used to create fake currency.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The instruments or materials must be capable of creating counterfeit currency. 2. The accused must make, possess, or control them. 3. The intent must be to use them for counterfeiting.
Punishment Details
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and a fine.
Illustrative Example
If a person is caught with printing plates and inks used for making fake ₹500 notes, they are punishable under Section 489D.
Legal Defenses
If the accused can prove that the materials were for legitimate purposes, they may be acquitted.
Related Sections
Related to Section 489A (Counterfeiting currency) and Section 489C (Possession of counterfeit currency).
Important Note
The focus is on possession or creation of tools for counterfeiting.
FAQs
What does Section 489D IPC define?
Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes.
How is 'Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 489D IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 489D?
Examples include real-life cases involving making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes.
Is Section 489D used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 489D IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 489D significant?
It holds importance in the framework of criminal law.