Erasure of mark denoting that stamp has been used
Section 185 of the Bharatiya Nyaya Sanhita, 2023 deals with erasure of mark denoting that stamp has been used. Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or dispose The Act came into force on 01 Jul 2024.
Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 185, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 263 Erasure of mark denoting that stamp has been used Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Erasure of mark denoting that stamps have been used. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Prakash Bhiva Mayekar vs Union of India
Decided under Indian Penal Code 263, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the prosecution's case is limited to washing and reusing genuine stamps (rather than printing duplicate or bogus stamps), and the accused have been on bail during trial without any misconduct, substantive sentences of short duration (4 years maximum) should be suspended and bail should be granted pending appeal, provided appropriate conditions are imposed to ensure the accused's appearance and compliance with court orders.
On this section: Offence of using a stamp known to be counterfeit - accused convicted under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 185
What have the courts held on Section 185 of the Bharatiya Nyaya Sanhita?
Prakash Bhiva Mayekar vs Union of India (26 Sep 2016) is the leading judgment on this section among those set out below, though it was decided under IPC 263, which this section replaced -- the court never mentioned this Act: Offence of using a stamp known to be counterfeit - accused convicted under this section.
Is Section 185 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 185 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 185 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 185, section 185 BNS, section 185 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 185 mv act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Prakash Bhiva Mayekar vs Union of India (26 Sep 2016).
What should I read with Section 185 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 263 (Erasure of mark denoting that stamp has been used), so the judgments decided under that provision are the case law on this one.
When did Section 185 of the Bharatiya Nyaya Sanhita come into force?
Section 185 of the Bharatiya Nyaya Sanhita, cited as BNS 185, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.