Foreign notes and coins older than 100 years — does the Antiquities Act apply to them in India?

The Antiquities Act definition — applies to all nationalities

Section 2(b) of the Antiquities and Art Treasures Act 1972 defines 'antiquity' as including any coin, sculpture, painting, or work of art or craftsmanship of a period not less than one hundred years. The definition contains no nationality qualifier — it applies to any coin of the specified age held in India, whether Indian, American, Ottoman, British, or any other origin. A foreign coin 100 or more years old, held by an Indian collector, is an antiquity under Indian law.

Registration — what the law actually requires for coins

Section 14 of the Antiquities and Art Treasures Act gives the Central Government power to specify, by notification, which antiquities must be registered. Registration is mandatory ONLY for those categories. The operative notification is S.O. 448(E) dated 2 July 1976 (as amended by S.O. 397(E) dated 15 May 1980), which specifies: (i) Sculptures in stone, terracotta, metal, ivory and bone; (ii) Paintings in all media; (iii) Manuscripts containing paintings or illustrations; (iv) Sculptured figures in wood.

Coins are not on this list. The original April 1976 notification (GSR 280(E)) did include coins — but when S.O. 448(E) superseded it two months later, coins were deliberately excluded. The reason: coins were minted in such vast quantities across history that individual registration by every collector was administratively impossible. A collector holding 100+ year old foreign coins — Morgan dollars, British sovereigns, Ottoman liras, Austro-Hungarian Krone — does not need to register them with ASI.

What DOES apply — the export restriction

Section 3 of the Antiquities Act prohibits any person (other than the Central Government) from exporting any antiquity without a permit from the Director General of ASI. This restriction was not changed by S.O. 448(E). It applies to all antiquities — including coins — regardless of whether they are on the mandatory registration list. A foreign coin 100 or more years old held in India cannot be taken out of India without an ASI export permit.

This creates an asymmetry that collectors must understand: you do not need to register an old foreign coin held in India — but you cannot take it out of India without ASI permission. The registration and the export restriction are two separate obligations under two separate sections of the same Act. S.O. 448(E) removed coins from the registration obligation; it did not affect the Section 3 export prohibition.

What about banknotes 100+ years old?

Banknotes (paper currency) are not coins. The S.O. 448(E) schedule excludes coins — it does not separately exempt paper currency notes. Banknotes fall within the general antiquity definition as objects of historical interest. Whether banknotes require registration under S.O. 448(E) depends on whether they fit within 'paintings in all media' (unlikely for currency notes) or are otherwise specified. In practice, ASI has not enforced registration of foreign currency notes. The export restriction of Section 3 applies to old banknotes as antiquities.

The export restriction — taking foreign antiquities abroad

A collector intending to take a 100 or more year old foreign coin out of India — to sell internationally, to attend an exhibition abroad, or simply to return it to its country of origin — must obtain an ASI export permit before departure. The ASI posts archaeologist officers at major customs points to examine outbound items. The application requires photographs, description, and explanation of purpose. For genuine numismatic items being taken abroad for legitimate purposes, the process is available — but it must be completed before travel.

Laws & authorities referenced in this chapter

Antiquities and Art Treasures Act 1972 — §2(b) (antiquity definition: 100+ years; includes coins regardless of origin)

Antiquities and Art Treasures Act 1972 — §3 (export prohibition: applies to all antiquities including coins)

Antiquities and Art Treasures Act 1972 — §14 (registration: only for categories specified by notification)

S.O. 448(E) dated 2 July 1976 as amended by S.O. 397(E) dated 15 May 1980 — mandatory registration schedule: sculptures, paintings, illustrated manuscripts, wood sculptures — COINS NOT LISTED

Antiquities and Art Treasures Act 1972 — §5/§8 (dealer licence: required for professional selling)