Having possession of instrument or material for counterfeiting Government stamp
Section 256 of the Indian Penal Code, 1860 deals with having possession of instrument or material for counterfeiting Government stamp. Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either de The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 256, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 181 Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes Close, with changes 73%
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 The repealed enactment still governs what happened while it was in force.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.
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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Rafi Ahmed vs State of Karnataka
Court's Decision & Legal Precedent
When an accused person has undergone pre-conviction detention for a period equal to or exceeding the sentence awarded by the trial court, the conviction and sentence may be affirmed, but the accused should be set at liberty forthwith as they have already served their sentence, following the principle established in State of Maharashtra v. Najakat Alia Mubarak Ali (2001) 6 SCC 311.
On this section: Offence of counterfeiting government seal - one of the offences for which appellants were convicted
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Suraj Jaiswal vs State of U.p.
Court's Decision & Legal Precedent
In bail applications under Section 439 CrPC, the court must balance the right to liberty against the State's interest in ensuring trial completion and witness protection. Bail should be granted when: (1) the accused has cooperated in investigation; (2) the accused has no criminal history; (3) no justifiable cause exists for continued detention; (4) the State has not demonstrated reasonable apprehension of evidence tampering or witness intimidation; and (5) stringent conditions can ensure compliance. The mere pendency of investigation or trial is insufficient to justify indefinite detention.
On this section: Charge against applicant (specific application not detailed in order)
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 256
What have the courts held on Section 256 of the Indian Penal Code?
Rafi Ahmed vs State of Karnataka (18 Jul 2017) is the leading judgment on this section among those set out below: Offence of counterfeiting government seal - one of the offences for which appellants were convicted. Another 1 judgment on this section is set out below. They run from 2017 to 2020.
How do I find court cases under Section 256 of the Indian Penal Code?
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: IPC 256, section 256 IPC, section 256 of the Indian Penal Code. People searching for it also type ipc 256a and ipc 256 b. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rafi Ahmed vs State of Karnataka (18 Jul 2017).
What should I read with Section 256 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 181 (Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 256 of the Indian Penal Code come into force?
Section 256 of the Indian Penal Code, cited as IPC 256, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.