'Mere possession of counterfeit notes not an offence'

NEW DELHI, OCT. 10. Mere possession of counterfeit or forged currency will not be treated as an offence unless it is established that the possessor knew that he had counterfeits or forged notes, the Supreme Court has ruled.

To punish a person under Section 489(B) and 489(C) of the Indian Penal Code, it was essential that the person possessing the illegal currency was ``knowing or having reason to believe the currency-notes or bank-notes are forged or counterfeit,'' a bench comprising Mr. Justice S.S.M. Quadri and Mr. Justice S.N. Phukan said in a judgment.

Acquitting a person who was sentenced to three years by the sessions court in Chhatisgarh for possessing counterfeit notes, the court said, ``possessing or even intending to use any counterfeit notes is not sufficient to make out a case under Section 489(C) in the absence of the mens rea (intention to use the same with knowledge that the notes were forged or counterfeits).''

- PTI

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Section  : National
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