सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 185

Erasure of mark denoting that stamp has been used

Why this exists

Government revenue stamps (used on documents, legal papers, etc.) are marked or cancelled once used, so they can't be reused to avoid paying duty again. This provision, carried over from Section 262 of the old Indian Penal Code, protects government revenue by criminalizing tricks to make a used stamp look fresh and reusable, which would let people dodge stamp duty and cheat the exchequer.

Common misconceptions
  • Myth: Only the person who erases the mark can be punished.
    Fact: The law also punishes anyone who knowingly keeps, sells, or passes on a stamp with the erased mark, or a stamp they know has already been used — even if they didn't erase it themselves.
  • Myth: This only applies to postage stamps.
    Fact: It applies to any stamp issued by the government for revenue purposes, such as stamps used for legal documents and stamp duty, not just postal stamps.