Legal Provisions of Section 239 of Indian Penal Code, 1860.
Delivery of coin, possessed with knowledge that it is counter-feit:
Fraudulent delivery of a coin, possessed with the knowledge that it is counterfeit has been made punishable by this section. According to the section, whoever, in possession of any counterfeit coin, about which he had knowledge at the time he became possessed of it that it was counterfeit, either fraudulently or with the intention that fraud may be committed, either delivers the same to any person or attempts to induce any person to receive it, shall be punished with simple or rigorous imprisonment for a term extending up to five years, and shall also be liable to fine.
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The section requires proof of possession of any counterfeit coin. The accused must have knowledge at the time of being possessed of it that it was counterfeit. There must be proof of delivery of the coin to someone or that there was an attempt to induce someone to receive it. By way of mens rea the prosecution has to establish that while so delivering or inducing the accused acted fraudulently or he had intention that fraud may be committed.
The section fixes liability on a person other than the coiner. This is apparent from the use of the words ‘which at the time he became possessed of it.’ The authors of the Code also said that an utterer who is the agent employed by the coiner to bring counterfeit coin into circulation, is guilty of a very high offence.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.