Section 246: Tools for counterfeiting or altering currency

Firm annotation

Section 246 is a preparatory offence: it punishes the making of the means of counterfeiting, not the counterfeiting itself. Its elements are (1) making a tool or object for counterfeiting or altering currency, whether a coin, a banknote or anything else the government issues or authorises to be issued, or for counterfeiting or altering a government bond or a coupon for interest on such a bond, or (2) possessing such a tool or object in order to use it in counterfeiting or altering. On the possession limb the purpose is an element, so holding equipment merely capable of the work is not enough without proof of that intention. The offence is complete before a single counterfeit note or coin exists, so it does not depend on Section 240 or Section 241 being made out. The penalty is five to fifteen years and a fine from 100,000 to 300,000 baht, the fine being mandatory rather than an alternative. Where the tool is for foreign currency, Section 247 halves the punishment; where the maker goes on to counterfeit with it, Section 248 punishes the whole course of conduct once, under Section 240 or Section 241. The parallel provision for stamps and tickets, Section 261, is far lighter at up to two years. The current rates were set by Section 4 of the Penal Code Amendment Act (No. 26) B.E. 2560.