Section 249: Making or disposing of objects resembling currency

Firm annotation

What Section 249 punishes is resemblance, not deception. The elements are making any card or piece of metal having an appearance and size resembling currency, whether a coin, a banknote or anything else the government issues or authorises to be issued, or resembling a government bond or a coupon for interest on such a bond, or disposing of such a card or metal. There is no requirement that the object be a counterfeit intended to pass as genuine and no requirement of an intent to defraud, which is what separates this section from Section 240. Novelty notes, tokens and imitation coins fall here. The penalty is graded across two paragraphs: making, or a plain disposal, carries up to one year, or a fine of up to 20,000 baht, or both; but where the disposal is made by putting the object into use as though it were one of the genuine things listed in paragraph one, paragraph two raises the penalty to up to three years, or a fine of up to 60,000 baht, or both. Where the object resembles foreign currency, Section 247 halves the punishment. The current rates were set by Section 4 of the Penal Code Amendment Act (No. 26) B.E. 2560.