Offences relating to elections, coin and currency - Bharatiya Nyaya Sanhita

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1. Elections: the definitions in section 169
2. Bribery: section 170
3. Undue influence: section 171
4. Personation: section 172
5. The remaining election offences
6. Coin, currency-notes and stamps: the consolidation
7. The offences
8. Problem
How this is examined

Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

Two short chapters, one question. KSLU set this as a single 10-mark question in January 2026. Divide the answer into two halves of roughly equal length. The election half turns on three definitions (bribery, undue influence, personation); the currency half turns on s.178 and the meaning of “counterfeit”. Both chapters were rearranged by the BNS, so give the old IPC number once for each section.

1. Elections: the definitions in section 169

Chapter IX (ss.169 to 177) replaces Chapter IXA of the IPC (ss.171A to 171I). Section 169 defines a candidate as a person nominated as a candidate at any election, and an electoral right as the right of a person to stand, or not to stand as, or to withdraw from being, a candidate, or to vote or refrain from voting. Every offence in the chapter is an interference with an electoral right in this sense.

2. Bribery: section 170

Bribery (old s.171B) is committed by whoever:

gives a gratification to any person to induce him or another to exercise an electoral right, or to reward a person for having exercised it; or
accepts a gratification for himself or another as a reward for exercising such a right, or for inducing another to exercise it.

Offering, agreeing to give or attempting to procure a gratification is deemed giving, and obtaining, agreeing to accept or attempting to obtain it is deemed accepting (s.170(2) and (3)). A person who accepts a gratification for doing what he does not intend to do is still treated as having accepted it as a reward. The proviso protects politics in the ordinary sense: a declaration of public policy or a promise of public action is not bribery, so a manifesto promising free electricity is not an offence under this section.

Punishment is in s.173 (old s.171E): up to one year, or fine, or both. Treating, that is bribery where the gratification consists of food, drink, entertainment or provision, is punished with fine only.

3. Undue influence: section 171

Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits undue influence (old s.171C). Section 171(2) gives two deemed cases:

threatening a candidate or voter, or any person in whom he is interested, with injury of any kind; and
inducing or attempting to induce a candidate or voter to believe that he or a person in whom he is interested will become an object of Divine displeasure or spiritual censure.

A declaration of public policy, a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, is not undue influence (s.171(3)). Punishment: s.174, up to one year, or fine, or both.

4. Personation: section 172

Personation at an election (old s.171D) is committed by a person who applies for a voting paper or votes in the name of another person, living or dead, or in a fictitious name; or who, having voted once, applies at the same election for a voting paper in his own name; and by anyone who abets or procures voting in that way. A person authorised by law to vote as a proxy for an elector is excluded so far as he votes as proxy. Punishment: s.174.

5. The remaining election offences

s.175 (old s.171G): publishing a false statement of fact about the personal character or conduct of a candidate, with intent to affect the result. Fine only. Statements about a candidate's politics are not covered; the section is about his personal character.
s.176 (old s.171H): incurring or authorising expenses on meetings, advertisements or publications to promote a candidate without his written authority. Fine up to ten thousand rupees. Expenses up to ten rupees are saved if the candidate approves in writing within ten days.
s.177 (old s.171I): failure to keep election accounts required by law. Fine up to five thousand rupees.

Add one line on the relationship with the Representation of the People Act, 1951: bribery and undue influence are also “corrupt practices” under s.123 of that Act, which can set aside an election in an election petition. The BNS supplies the criminal punishment; the 1951 Act supplies the electoral consequence.

6. Coin, currency-notes and stamps: the consolidation

Chapter X (ss.178 to 188) replaces two IPC chapters: Chapter XII on coin and Government stamps (ss.230 to 263A) and the currency-note provisions in ss.489A to 489E. The IPC had separate sections for Indian coin, other coin, stamps and notes. The BNS deals with all four together in a few sections, which is the main reform to mention.

Section 178 defines the terms. A bank-note is a promissory note or engagement for payment of money to bearer on demand, issued by a banker or by a State, and intended to be used as money. Coin takes its meaning from s.2 of the Coinage Act, 2011, and includes metal stamped and issued by a State to be used as money. Counterfeiting coin includes making a genuine coin look like a different coin, diminishing its weight and altering its composition or appearance. “Counterfeit” itself is defined in s.2(4): causing one thing to resemble another, intending by that resemblance to practise deception, or knowing that deception is likely. Exact imitation is not needed (Explanation 1), and where the resemblance is such that a person might be deceived, intent to deceive is presumed until the contrary is proved (Explanation 2).

7. The offences

s.178 (old ss.231, 232, 255, 489A): counterfeiting, or knowingly performing any part of the process of counterfeiting, any coin, revenue stamp, currency-note or bank-note. Imprisonment for life or up to ten years, and fine.
s.179 (old s.489B and the coin equivalents): importing, exporting, selling, buying, trafficking in or using as genuine any forged or counterfeit coin, stamp or note, knowing or having reason to believe it to be counterfeit. Life or up to ten years.
s.180 (old s.489C): possession of such articles, with knowledge and with intent to use them as genuine. Up to seven years. The Explanation is new: possession shown to be from a lawful source is not an offence.
s.181 (old s.489D): making, mending, buying, selling or possessing machinery, dies or material for counterfeiting. Life or up to ten years.
s.182 (old s.489E): making or using documents resembling currency or bank notes, such as advertising leaflets printed to look like notes. Fine only.
ss.183 to 185 (old ss.261 to 263): effacing writing from stamped paper, reusing a used revenue stamp, and erasing the cancellation mark, each with intent to cause loss to the Government.
s.186 (old s.263A): fictitious postage stamps.
ss.187 and 188 (old ss.244 and 245): a mint employee causing coin to be of a different weight or composition from that fixed by law, and unlawfully taking coining tools out of a mint.

Mental element. Counterfeiting itself carries intent to deceive through the definition in s.2(4). The circulation and possession offences need knowledge or reason to believe that the article is counterfeit, and possession under s.180 also needs intent to use it as genuine. A shopkeeper who innocently receives a fake note in change and keeps it commits no offence; if he passes it on after discovering it is fake, he falls under s.179.

8. Problem

A, a printer, prints sheets of paper that look like five-hundred-rupee notes on one side, for a film shoot, and keeps the plates in his press. Police seize them.

Issue. Whether A is guilty of counterfeiting under s.178, of possessing instruments under s.181, or only of the lesser offence under s.182.

Law. Counterfeiting requires resemblance made with intent to practise deception, or knowledge that deception is likely (s.2(4)). Section 181 requires possession of instruments for the purpose of counterfeiting. Section 182 punishes making any document so nearly resembling a currency-note as to be calculated to deceive, whatever the purpose.

Application. If the sheets could deceive, Explanation 2 to s.2(4) presumes intent to deceive, and A must rebut it. Printing on one side only, under a written order from a film company, with no attempt to pass the sheets as money, is evidence that rebuts the presumption, and the plates were not held for counterfeiting. But if the sheets resemble notes closely enough to deceive, their making is covered by s.182.

Conclusion. A is not guilty under ss.178 or 181 on these facts; he may be fined under s.182. If he had printed both sides and sold the sheets, s.178 and s.179 would apply.

How this is examined

January 2026: “Explain the offences relating to election, coin and currency notes under B.N.S. 2023” (10 marks). Write the election half from ss.169 to 174 with the proviso on public policy and the treating rule, mention ss.175 to 177 in a line each, then turn to s.178, the definitions, s.2(4), and ss.179 to 181, noting the consolidation of the old coin, stamp and currency-note sections and the new lawful-source Explanation in s.180. Bribery at elections and counterfeiting of currency-notes are both possible 6-mark short notes.