Section 43: Counterfeiting of coins

43. Counterfeiting of coins (1) Any person who makes or causes to be made, or knowingly offers, utters, disposes of or passes off a counterfeit coin shall commit an offence and shall, on conviction, be liable to penal servitude. (2) Any person who, without lawful authority or excuse, makes or knowingly keeps in his possession any die or other instrument or machine used or intended to be used for coinage or counterfeiting shall commit an offence and shall, on conviction, be liable to penal servitude. (3) Any person who, without lawful authority or excuse, has in his possession, knowing the same to be counterfeit, counterfeit coin or tokens purporting to have been issued as coin by the Bank, shall commit an offence and shall, on conviction, be liable to penal servitude. (4) Any person who, without lawful authority or excuse, melts down, breaks up or uses otherwise than as currency, any coin which has been or is legal tender, whether in Mauritius or in any other country, shall commit an offence and shall, on conviction, be liable to penal servitude. (5) In this section— “coin” means a coin issued or deemed to have been issued under this Act; “counterfeit coin or token” means any coin or token which is counterfeit or resembles or so nearly resembles a coin or token as to be calculated to deceive; “token” means any chip, coupon or other document which is held out as having been issued as a coin by the Bank and which is intended or calculated to be used as such. B2 – 21 [Issue 9] Bank of Mauritius Act (6) The Court shall, on conviction, order the forfeiture and destruction of every coin or token which is the subject matter of an offence under this section and any metal or other material, die, machine or other equipment or instrument used for, or capable of being used for, making such coins or tokens.