Provision

(1) Whoever-

(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or

(b) has in his possession, without lawful excuse, any fictitious stamp, or

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees.

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp 2*[may be seized and, if seized] shall be forfeited.

(3) In this section "fictitious stamp" means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

(4) In this section and also in sections 255 to 263, both inclusive, the word "Government", when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorized by law to administer executive Government in any part of India, and also in any part of Her Majesty's dominions or in any foreign country.]


Simply put

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.

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 authorized 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.



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