Section 432-439 Penal Code (Northern States) Federal Provisions Act

Section 432, 433, 434, 435, 436, 437, 438, and 439 of the Penal Code Act is under Chapter XXXI of the Act. The chapter is titled “Offences relating to coin and notes”.

Section 432 Penal Code Act

Coin and note defined

(1) Coin is metal used for the time being as money and stamped and issued by or under the authority of the Government of the Federation in order to be so used.
(2) For the purposes of this chapter the word “note” includes every currency note issued by or under the authority of the Government of the Federation and intended to be used as equivalent to or as a substitute for money and bank note which is legally current in any country.

Section 433 Penal Code Act

Counterfeiting coin or notes

Whoever counterfeits or knowingly performs any part of the process of counterfeiting any coin or note shall be punished with imprisonment for life or any less term and shall also be liable to fine.

Explanation – A person commits this offence who, intending to practise deception or knowing it to be likely that deception will thereby be practised, causes a genuine coin or note to appear like a different coin or note.

Section 434 Penal Code Act

Making or selling instrument for counterfeiting coin or notes

Whoever makes or mends or performs any part of the process of making or mending or buys, sells or disposes of any die or instrument for the purpose of being used or knowing or having reason to believe that it is intended to be used for the purpose of counterfeiting coin or notes shall be punished with imprisonment for life or for any less term and shall also be liable to fine.

Section 435 Penal Code Act

Possession of instrument or material for counterfeiting

Whoever is in possession of any instrument or material for the purpose of using the same for counterfeiting coin or notes or knowing or having reason to believe that the same is in- tended to be used for that purpose shall be punished with imprisonment which may extend to fourteen years or with fine or with both.

Section 436 Penal Code Act

Import or export of counterfeit coin or notes

Whoever imports into Nigeria or exports there from any counterfeit coin or note knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

Section 437 Penal Code Act

Fraudulently diminishing weight or altering composition of coin

Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine.

Explanation – A person who scoops out part of a coin and puts anything else into the cavity alters the composition of that coin.

Section 438 Penal Code Act

Delivery of coin or note possessed with knowledge that it is counterfeit

Whoever, having in his possession any counterfeit coin or note or any coin with respect to which an offence under section 437 of this Chapter has been committed and having known at the time when he became possessed of such coin or note that such coin or note was counterfeit or that such offence had been committed with respect to such coin, fraudulently or with intent that fraud may be committed
delivers such coin or note to any other person or attempts to induce any other person to receive the same, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 439 Penal Code Act

Possession of coin or note by person who knew it to be counterfeit when he became possessed thereof.

Whoever fraudulently or with intent that fraud may be committed is in possession of any counterfeit coin or note or of any coin with respect to which an offence under section 437 of this Chapter has been committed having known at the time of becoming possessed thereof that such coin or note was counterfeit or that such offence had been committed with respect to such coin, shall be punished with
imprisonment for a term which may extend to seven years and shall also be liable to fine.