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Section 263A of Indian Penal Code, 1860 – Explained!

January 11, 2019 0 Comment

The section requires that there must be either making, or uttering with knowledge, or dealing in or selling of fictitious stamp, or using the same for any postal purpose with knowledge, or possessing the same without lawful excuse, or making or possessing any die, or plate or instrument or materials for making such stamp without lawful excuse.

The section, gives right to seize and forfeit such stamp, die, plate, instrument and materials. The section also defines the expression ‘fictitious stamp’ as meaning in this section any stamp falsely purporting to be issued by the Government for denoting rate of postage, or any facsimile for imitation or representation on paper or otherwise, of any government stamp for that purpose.

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The word ‘government’ in sections 255 to 263-A of the Code, which is the latter part of this chapter XII dealing with offences relating to coin and government stamps, when used in connection with, or with reference to, any stamp issued for the purpose of denoting a rate of postage shall, notwithstanding its definition in section 17 of the Indian Penal Code, be deemed to include person or persons authorised by law to administer executive government anywhere in India as well as anywhere in Her Majesty’s dominions or a foreign country. A part of the section punishes preparation to commit crime.

The offence under section 263-A is cognizable, bailable and non-compoundable, and is triable by any magistrate.

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