Legal Question in Criminal Law in India

Fake Currency Case

What is the difference between 135 of custom act(in which one is booked with charge of fake currency)and 489 of indian penal code.

When one is file with 135 custom act,are they going to charge 489 of ipc as well?

Whats the difference

The one charge is innocent!


Asked on 9/06/08, 8:34 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Fake Currency Case

the charges are over lapping. once offence found to be have committed, charging section is not relevant; even if you are not found guilty of the offence charged, if court arrives at a conclusion that the offence was committed under a different provision, you can still be convicted.

therefore, do not depend upon the language of charge sheet or section being applied at this stage.

Basically, 135 of Customs Act is applicable when cross-border transaction is alleged; whereas IPC can be added as an additional provision with or without Cross-border issues involved.

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Answered on 9/06/08, 9:54 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Fake Currency Case

Both the provisions are made under different Acts.

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Answered on 9/12/08, 5:04 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Fake Currency Case

Both are different.

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Answered on 9/07/08, 3:15 am


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