Multiple choice

Directions: Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the three alternatives given. Encircle your choice.

Principle: Whoever delivers to any other person as genuine any counterfeit currency which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he received it is guilty of an offence.

Facts: Mr. Ramachandran is a cashier in a School. One evening his wife returned home from market. While she was counting the remaining money, Mr. Ramachandran noticed a counterfeit currency note of Rs. 100. His wife told him that it was given to her by way of change when she gave a Rs. 500 note in the grocery shop by the person at the cash counter. Mr. Ramachandran goes to the same shop with a view to get rid of the counterfeit note. He buys a shaving cream worth Rs. 32.50 and gives the counterfeit note at the cash counter. The cashier inspects the note and relaises that it is counterfeit. He calls the police.

  1. Mr. Ramachandran is not guilty of any offence because he neither manufactured the counterfeit note nor did he circulate it with a view to deceive anybody.

  2. Mr. RAmachandran is not guilty because he was attempting to return the counterfeit note to the same person from whom he received it.

  3. Mr. Ramachandran is guilty because he attempted to deliver a counterfeit currency note as genuine which he knew was counterfeit.

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Mr. Ramachandran committed the offence under Section 489A/489C of the IPC (counterfeiting currency). The principle states that delivering counterfeit currency as genuine, knowing it to be counterfeit, is an offence - regardless of how one acquired it. His intent was to 'get rid of' the note by passing it off as genuine, which fulfills the offence. The fact that he received it innocently is irrelevant once he knew it was counterfeit.