IPC 235 → BNS 181: Possession of Instrument

Quick Summary: IPC 235 vs BNS 181

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 235 (Possession of Instrument) is one of the IPC's offences relating to coin, stamps, weights and measures. Counterfeiting of coin and government stamps and the use of false weights and measures are preserved in the BNS, so possession of instrument continues as BNS 181, frequently overlapping with special economic-offence statutes.

What did IPC 235 cover?

IPC 235 dealt with possession of instrument — possession of instrument or material for the purpose of using the same for counterfeiting coin. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 181: What changed in the new law?

Merged into Section 180. From 1 July 2024, new complaints relating to possession of instrument are filed under BNS Section 181, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 181

Same

Practical implications for advocates, police & citizens

• Advocates: Confirm whether the possession of instrument matter proceeds under BNS 181 or a special law on currency and stamps before advising on bail and forum.
• Police officers: Seize and exhibit the counterfeit or false instrument; the possession of instrument offence is registered under BNS 181.
• Law students & citizens: Knowingly dealing in counterfeit currency or rigged weights — the conduct behind possession of instrument — is an offence even if you were not the maker.