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Section 188: Unlawfully Taking from a Mint Any Coining Instrument

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
Magistrate 1st Class
Non-Bailable
Cognizable
Formerly Sec 245 IPC
Section 187 All 358 Sections of Bharatiya Nyaya Sanhita Section 189

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 188 BNS
Unlawfully Taking from a Mint Any Coining Instrument
 Imprisonment extending to 7 years and fine. Non-Bailable Cognizable Magistrate 1st Class Formerly Sec 245 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 188

Section 188 penalizes unlawfully taking from a mint any coining instrument or die, prescribing imprisonment of either description for a term which may extend to seven years, and fine.

  • Theft of Mint Tools: Unlawfully taking out of any mint any coining tool, die, collar, or instrument.
  • Without Lawful Authority: Done without lawful authority or permission of the mint master.
  • Precursor to Counterfeiting: Severely punishes the leakage of official dies to counterfeit currency syndicates (formerly Section 245 IPC).
Key Landmark Precedents:
  • State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659: Affirmed that leakage of official security dies and plates from government facilities warrants maximum custodial penalties under coining provisions.
  • Nazir Khan v. State of Delhi (2003) 8 SCC 461: Examined state security protections over official monetary infrastructure.
Courtroom Practice & Strategic Litigation Guidance:

In internal security audits of mint personnel, verify inventory logs: if the die never left the secure vault and was merely moved to a different stamping department, the physical 'taking out of the mint' is disproved, defeating Section 188 charges.

Section 187 All 358 Sections of Bharatiya Nyaya Sanhita Section 189