Section 489E of Indian Penal Code, 1860 – Explained!

Legal Provisions of Section 489E of Indian Penal Code, 1860.

Making or using documents resembling currency-notes or bank-notes:

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Making or using document resembling currency-notes or bank­notes has been punished under this section. The first sub-section of this section states that whoever either makes any currency-note or bank-note or causes the same to be made, or uses the same for any purpose whatsoever, or delivers to any person, any document purporting to be or in any way resembling the same or so nearly resembling the same as to be calculated to deceive, shall be punished with fine extending up to one hundred rupees.

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The second sub-section states that if any person, whose name appears on a document the making of which is an offence under the first sub-section stated above, refuses without lawful excuse to disclose the name and address of the person who had printed or otherwise made it, to a police officer on being so required, he shall be punished with fine extending up to two hundred rupees.

According to the third sub-section, where the name of any person appears on any document in respect of which any person is charged with an offence under the first sub-section stated above or on any other document which is used or distributed in connection with that document it may be presumed, until the contrary is proved, that the person caused the document to be made.

Whereas sub-sections (1) and (2) prescribed nominal punishments by way of fines, sub-section (3) merely states the presumption to be drawn against the accused which is rebuttable if contrary is proved by the accused. The primary object of section 489-E is to check photo-prints and other reproductions of currency-notes and bank-notes calculated to deceive others.

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The offences under the first and second sub-sections are non-cognizable, bailable and compoundable, and are triable by any magistrate.

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