You are hanging out with your friends at a local market, and you take out a 500 rupee note from your pocket and start to playfully tear it into small pieces, thinking it would be a funny joke. However, a police officer spots you doing so and arrest you. You are taken to the police station for questioning and later produced before a court of law. You plead guilty to the charges. The court convicts you with fine and imprisonment.

You will be thinking that It's my money, I can do whatever I want. But that's not the case. It's more than that because currency is something that is issued and controlled by the Reserve Bank Of India.[1]

Section 2(b) of Prevention of damage to public property act, 1984[2] defines "public property" as:
Any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of:

1. the Central Government; or
2. any State Government; or
3. any local authority; or
4. any corporation established by, or under, a Central, Provincial or State Act; or

Also, Reserve Bank of India has been established with Reserve bank of India act, 1934 which is a central act. This means that it belongs to the public and is considered as public property. Like all public property, the government has the authority to regulate its use and distribution.

Currency is used to buy things and pay for services, it is important for the economy of the country and damaging or destroying it can undermine the integrity of the currency and the government's authority over it, this is why tearing, damaging or defacing of currency notes is considered as an offence, just like how damaging a public park or a school is considered an offence as it is also public property.

Here Are Three Primary Reasons Why Tearing Of Currency Notes Has Been Criminalised In India?

• Damage to public property: Currency notes are considered public property as they are issued by the government through the Reserve Bank of India (RBI) and are considered a symbol of the sovereignty of the country. Damaging or defacing them is considered as an offence as it undermines the integrity of the currency and the government's authority over it.
   
• Legal Tender: Currency notes are legal tender, which means they are accepted as a means of payment for goods and services within the country. Tearing a currency note makes it unusable as a legal tender, which can cause inconvenience to the person who receives it as a payment, and also affect the economy of the country.
   
• National Emblem: Currency notes have the National Emblem of India on them, which is a symbol of national pride and sovereignty. Tearing or defacing the National Emblem on a currency note is considered as an insult to the nation and is considered an offence.

Laws declaring tearing of currency notes as an offence:
In India, tearing of currency notes is considered an offence under several laws:

1. Indian Penal Code (IPC), Section 489B[3]: This section deals with intentionally causing damage to a currency note, which is a valuable security under the law. It states that whoever intentionally causes damage to any valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
    
2. Prevention of Damage to Public Property Act, 1984[4]: This act deals with causing damage to public property, which includes currency notes as they are considered public property. Section 3 of this act states that whoever commits mischief by causing damage to any public property, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
    
3. Reserve Bank of India Act, 1934[5]: This act deals with the management and regulation of currency in India. Section 22 of this act states that whoever destroys or defaces any currency note or bank note, shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.

Recent examples:
Tearing of currencies is considered as an offence in India and there have been several instances where people have been charged for this offence. Some recent examples include:

• In August 2022, a man in Kerala, India was arrested and charged for tearing currency notes. According to a report by Onmanorama, the man was arrested after he was spotted by a police officer tearing off Rs 500 notes at a police station. The man was charged under Section 489B of the Indian Penal Code for intentionally causing damage to a valuable security, which in this case was the currency note. Additionally, the man was also booked under Section 3 (2-e) of the Prevention of Damage to Public Property Act, 1984 for causing damage to public property, which includes currency notes as they are considered public property.[6]
   
• In one incident, a man from Kerala found himself in trouble for tearing currency notes. According to a Deccan Herald report from 2021, the man was arrested for intentionally causing damage to a rupee note, which is considered a valuable security under the law. This incident serves as an example of how tearing currency is considered an offence in India and can result in legal repercussions. The man was charged under Section 489B of the Indian Penal Code, Prevention of Damage to Public Property Act, 1984 and Section 22 of Reserve Bank of India Act, 1934.[7]

Conviction is rare!
Conviction in cases of tearing currency notes is considered rare because it is often viewed as a petty or insignificant offense. Additionally, many people who tear currency notes may not have intended to cause harm or damage and may have simply been acting carelessly or thoughtlessly. Additionally, in order for a conviction to occur, the prosecution must be able to prove that the individual charged had the intent to cause damage to the currency note beyond all reasonable doubt, which is difficult to do.

This can be difficult to prove in court as it requires gathering evidence such as witness testimony or video footage that clearly shows the individual's intent. Additionally, the individual may argue that the damage was accidental or that they did not realize the act was illegal. Finally, the value of the currency note may be small and not worth the time and resources required for a court case. All these factors make it difficult for prosecutors to build a strong case and secure a conviction for this offence.

How Other Countries Handle The Issue Of Tearing/Defacement Of Currency?
In USA, Defacing, cutting, mutilating or perforate currency in the US is illegal under Title 18, Section 333 of the US Code. Penalties include fines and jail time of up to 6 months.[8]

In Canada, defacing or destroying bank notes is illegal under the Currency Act. Possessing a defaced note with intent to use or circulate it is also illegal. Penalties include fines and jail time of up to 14 years.[9]

In the UK, defacing bank notes is illegal under the Currency and Banknotes Act 1928. Possessing a defaced note with intent to use or circulate it is also illegal. Penalties include fines and jail time of up to 2 years.[10]

Conclusion
In conclusion, tearing of currency notes is considered an offence in India and is punishable under several laws including the Indian Penal Code, the Prevention of Damage to Public Property Act, and the Reserve Bank of India Act. Tearing of currency notes undermines the integrity of the currency and the government's authority over it.

Currency notes are considered public property, legal tender, and have the National Emblem of India which is a symbol of national pride and sovereignty. It is important to remember that damaging or defacing currency notes can cause inconvenience to the person who receives it as a payment, and also affect the economy of the country.

Conviction in cases of tearing currency notes is considered rare because it is often viewed as a petty or insignificant offense, and it can be difficult to prove intent in court. However, it serves as a reminder that one should handle currency with care and respect as it is an important aspect of the country's economy and symbol of sovereignty.

End-Notes:

1. Section 22 of Reserve Bank of India, 1934
2. Section 2(b) of Prevention of Damage to Public Property Act, 1984
3. Section 498B of Indian Penal Code, 1860
4. Section 3 of Prevention of Damage to Public Property Act, 1984
5. Section 22 of Reserve Bank of India, 1984
6. Onmanorama. (August 24, 2022). Complainant arrested after he tears off Rs 500 notes at police station. https://www.onmanorama.com/news/kerala/2022/08/24/complainant-arrested-after-he-tears-off-rs-500-notes-at-police-s.html
7. Deccan Herald. (2021, August 24). Kerala man in trouble for tearing currency notes. https://www.deccanherald.com/national/south/kerala-man-in-trouble-for-tearing-currency-notes-804612.html
8. Title 18, Section 333 of the United States Code
9. Currency Act, R.S.C., 1985, c. C-52
10. The Currency and Banknotes Act 1928