Fake note? Spending it is a crime.

Myth or fact?

What people often think.

• Myth: Someone gave it to me, so I can pass it on.
• Fact: Using a note as genuine when you know or have reason to believe it is fake: life, or up to 10 years (PPC s.489-B).

The law.

Section 489-B, PPC.

“Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Pakistan Penal Code, 1860 · Section 489-B, Using as genuine, forged or counterfeit currency-notes or bank-notes

Four crimes.

Sections 489-A to 489-D.

• Making, s.489-ALife, or up to 10 years, and fine.
• Using or trading, s.489-BLife, or up to 10 years, and fine.
• Keeping to use, s.489-CUp to 7 years, or fine, or both.
• Tools, s.489-DLife, or up to 10 years, and fine.

Knowing is the key.

PLD 2008 Kar. 325, Sindh High Court.

• The factsA Rs.500 note at a shop. No witness spoke of what he knew.
• The holdingMere possession is not an offence without knowledge or intention.
• The resultAcquitted.

Quick quiz. Who says fake?

Guess first, then swipe for the answer.

• A. Yes, police can tell
• B. No, a report was needed
• C. Only for small notes

Answer: B. 2020 YLR 1751.

Gilgit-Baltistan Chief Court.

• The holdingA State Bank currency officer's report was needed.
• PoliceNot competent to say the notes were forged.
• The resultAcquitted.

Holding is not using.

1984 PCrLJ 1281, Sindh High Court.

• The holdingPossession alone is not enough to convict.
• NeededKnowledge, or reason to believe, that it is forged.

Bail and arrest.

Schedule II, CrPC.

• s.489-BArrest without warrant. Not bailable. Court of Session.
• s.489-CArrest without warrant. Bailable. Court of Session.

Got one?

What the law tells you.

• Do not pass it onOnce you know, using it as genuine is s.489-B.
• Do not keep a stashHolding fakes to use them is s.489-C.
• Remember the sourceWhere and when you got it.

Caught with one?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• A shopkeeper says my Rs.1000 note is fake and called the police. What happens now?
• What is the difference between section 489-B and 489-C PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 489-B
  Using as genuine, forged or counterfeit currency-notes or bank-notes Pakistan Code