IPC 259 → BNS 180: Possession of Counterfeit Stamp

Quick Summary: IPC 259 vs BNS 180

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 259 (Possession of Counterfeit Stamp) is one of the IPC's offences relating to coin, stamps, weights and measures. Counterfeiting of coin and government stamps and the use of false weights and measures are preserved in the BNS, so possession of counterfeit stamp continues as BNS 180, frequently overlapping with special economic-offence statutes.

What did IPC 259 cover?

IPC 259 dealt with possession of counterfeit stamp — having possession of counterfeit government stamp. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 180: What changed in the new law?

Treated as possession of counterfeit items. From 1 July 2024, new complaints relating to possession of counterfeit stamp are filed under BNS Section 180, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 180

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: Confirm whether the possession of counterfeit stamp matter proceeds under BNS 180 or a special law on currency and stamps before advising on bail and forum.
• Police officers: Seize and exhibit the counterfeit or false instrument; the possession of counterfeit stamp offence is registered under BNS 180.
• Law students & citizens: Knowingly dealing in counterfeit currency or rigged weights — the conduct behind possession of counterfeit stamp — is an offence even if you were not the maker.