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!
3 Answers from Attorneys
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.
Re: Fake Currency Case
Both the provisions are made under different Acts.
Re: Fake Currency Case
Both are different.
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