Section 186: Fictitious Stamps

Bharatiya Nyaya Sanhita • Chapter IX: Of Offences Relating to Coin, Currency & Stamps • Official Statutory Text & Legal Guide

Chapter IX: Of Offences Relating to Coin, Currency & Stamps
Any Magistrate
Bailable
Cognizable
Formerly Sec 263A IPC

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 186 BNS
Fictitious Stamps
Fine extending to ₹200. Bailable Cognizable Any Magistrate Formerly Sec 263A IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 186

Section 186 penalizes the prohibition of fictitious stamps, criminalizing making, issuing, or possessing fictitious stamps or dies for making postage or revenue stamps, prescribing fine up to five thousand rupees, alongside forfeiture.

  • Fictitious Stamps Prohibition: Making, knowingly using, selling, or offering for sale any fictitious postage stamp.
  • Possession of Dies & Plates: Having in possession without lawful excuse any die, plate, or instrument for making fictitious stamps.
  • Postal & Revenue Protection: Protects the Department of Posts and national stamp revenue from unauthorized counterfeits (formerly Section 263A IPC).
Key Landmark Precedents:
  • State of Kerala v. Mathai Verghese (1986) 4 SCC 746: Examined the prohibition on fictitious stamps under Section 263A IPC (Section 186 BNS), holding that unauthorized production of stamps strikes at public postal trust.
  • Uma Shankar v. State of Chhattisgarh (2001) 9 SCC 642: Affirmed that possession without lawful excuse carries statutory penalties.
Courtroom Practice & Strategic Litigation Guidance:

In customs seizures of replica postage stamps imported for collectors, establish the philatelic collecting exception: proving that the stamps were clearly marked 'Specimen' or 'Replica' avoids forfeiture under Section 186 BNS.