Unlawfully Taking Coining Instrument From Mint - Section 245

Unlawfully Taking Coining Instrument From Mint - Section 245

Whoever, without lawful authority, takes out of any mint, lawfully established in India, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Ingredients of Section 245:

  1. Any person without any lawful authority,

  2. Takes out any mint which is lawfully established in India,

  3. Any coining tool or instrument shall be held liable for the prescribed punishment. 

Nature of Offence:

  1. Offences under this section are cognizable in nature which means a warrant is not required by the magistrate for arresting the accused. In these types of cases, the police constable does have the power to arrest any person infringing the right without any warrant from the court. 

  2. These offences are non-bailable which means granting bail is not a matter of right, for getting bail the person needs to go to the court where it will be at the option of the police to grant bail or not.

  3. These offences are non-compoundable offences, which means the victim is not ready to compromise and drop the charges against the offender.

IPC 245 can be tried in the court of Magistrate of First Class by the trial court- Court of a session. 

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Punishment: The punishment of the offence under Section 245 is given under the same Section. The punishment for the offence is imprisonment for a term of a maximum of seven years or a fine.

How can you file a case under section 245 IPC?

If there is a violation of Section 245 the concerned victim should first report the same to the nearest police station and lodge an FIR regarding the same without any cost. 

Or else for more convenience E- FIR can be filed since Section 245 is a cognizable offence

Steps for filing E - FIR is as follows - Visit the local or concerned police's official website for instance www.uttrakhandpolice.nic.in Once the website opens, click on the services option. 

services option has a drop-down menu will appear and you have to click the nature of your case. 

Once the category is selected,  you have to provide the following information:

  1. Complainant name 

  2. Mother or father name of the complainant 

  3. Complainant Email ID 

  4. Date of incident 

  5. Place of incident 

  6. Time of incident 

  7. Complainant phone number 

  8. Any other relevant description of the case. 

Lastly, after submission, you have to enter the captcha code on the form for confirmation. 

Note - before submission all the details should be rechecked and ensure that the email id is correct as the FIR for future reference will be sent to this mail ID. 

After the FIR the police may conduct an investigation and if there is any substantive evidence the accused can be arrested by the police without any warrant since it is a cognizable offence. And to the contrary, if no evidence is produced the matter is not proceeded with. 

If any substantial evidence is found a charge sheet is prepared by the police. After completion of the charge sheet the matter is pursued as a trial in the court with the prosecution establishing the ingredients of section 245 and if successfully done then the accused may be imposed with imprisonment up to 6 months or fine or both depending upon the discretion of the court. 

How can you defend the case under section 245 IPC?

In the case of the accused, the accused can firstly apply for bail through a lawyer and since it is a bailable offence the bail will be granted by the court or the police. 

Further, the accused through a lawyer have to defend the matter and prove that there was no intent or belief to spread many dangerous diseases by the acts alleged in the cases. 

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How can Lawtendo Help you?

Lawtendo will connect you with domain-specific expert lawyers handpicked with regard to the unique individual case from its array of 15000 lawyers. Along with it providing managerial assistance at every stage as well. 

Further, the lawyer will draft a petition for bail or for defending the accused in the trial or on behalf of the victim can file a petition for proving the ingredients of section 245 before the judge or provide assistance for filing FIR online. 

This blog was drafted by Ms. Shrishti Rohra, B.A LLB, 4th-year student, UPES SCHOOL OF LAW.
Offence Punishment Cognizance Bail Triable By
Unlawfully Taking Coining Instrument From Mint Imprisonment of 7 years or fine Cognizable Non-Bailable Any Magistrate
Offence Unlawfully Taking Coining Instrument From Mint
Punishment Imprisonment of 7 years or fine
Cognizance Cognizable
Bail Non-Bailable
Triable By Any Magistrate


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