If an advertisement shows a currency note being burned, torn, or destroyed for creative effect — which law applies and what is the penalty?
An advertisement that shows a currency note being physically burned, torn, or destroyed is potentially in violation of the RBI Act Section 36 (mutilation of bank notes) and the Prevention of Damage to Public Property Act 1984 — and if the destroyed note is a current legal tender note shown at actual size, it may also engage BNS Section 182 (document resembling a currency note, relevant when replicas are used). Whether the actual shooting used a genuine note or a replica determines which provisions are engaged, but a well-advised production uses compliant replicas for destruction shots regardless.
The RBI Act Section 36 — the primary risk
RBI Act Section 36 prohibits wilful mutilation of any bank note. An advertisement shoot that burns, tears, shreds, or otherwise destroys genuine bank notes is wilfully mutilating notes — the fact that it is for an artistic or commercial purpose is not a defence under the provision. The RBI has made clear through its guidelines that notes should not be used in ways that damage or destroy them. Violations can be referred to police for prosecution, and advertising agencies have received RBI notices for such shoots.
The practical enforcement pattern: the RBI and the Ministry of Finance typically write to the advertiser, the advertising agency, and the broadcaster first, requiring withdrawal of the advertisement and confirmation that no further such shots will be produced. Criminal prosecution under Section 36 is reserved for egregious or repeated violations. However, the RBI complaint to a broadcaster or OTT platform results in the advertisement being taken down — which can be commercially damaging mid-campaign.
Prevention of Damage to Public Property Act 1984
Section 3 of the PDPPA applies to wilful destruction of public property. Currency notes are property of the RBI/Government of India — they are public property even when in private hands. The destruction of currency notes for commercial purposes — advertising shoots, social media stunts, viral content — is potentially within Section 3. The penalty: imprisonment up to 5 years. In practice, this provision is not frequently invoked for advertising shoots, but it has been cited in RBI notices as a potential basis for criminal referral.
The compliant creative solution
Advertising agencies that want to dramatise money being destroyed for creative effect have a straightforward compliant approach: use RBI-compliant replicas for all destruction shots. Compliant replicas — printed on one side only, clearly marked 'SPECIMEN' across the note face in bold type, at least 50% larger or smaller than the genuine note — satisfy the RBI's four conditions and do not engage BNS Section 182 or the RBI Act mutilation prohibition. The viewer sees 'money being burned'; the production has used a legally compliant replica. No RBI notice; no broadcaster takedown.
| ! | A well-known recent pattern: advertisers use what appear to be genuine notes in destruction shots for dramatic authenticity — 'the money looks real.' When the RBI notices the advertisement and writes to the broadcaster, the advertiser discovers that the apparent authenticity was the problem. The solution: use replicas that look real enough for the camera but are compliant. A skilled DOP can shoot a compliant replica in a way indistinguishable from a genuine note on screen. |
Laws & authorities referenced in this chapter
RBI Act 1934 — §36 (wilful mutilation of bank notes: applies to genuine notes in advertising shoots)
Prevention of Damage to Public Property Act 1984 — §3 (wilful destruction of public property including currency: up to 5 years)
BNS 2023 — §182 (document resembling currency note: applies to non-compliant replicas used in advertisements)
RBI guidelines on reproduction of banknote designs — four conditions for compliant replicas used in creative productions
Advertisement destroying currency notes: RBI Act §36 (mutilation; RBI notice + possible criminal referral) + PDPPA §3 (public property destruction; up to 5 years). Enforcement: typically RBI notice first → advertiser compliance → ad taken down if not. Compliant creative solution: use RBI-four-condition replicas for all destruction shots. One-sided, SPECIMEN-marked, size-different replicas satisfy all legal requirements while achieving the same visual effect. Brief your DOP — replicas can be shot in ways indistinguishable from genuine notes on screen.
This is educational content, not legal advice. For a specific situation, please consult a qualified legal professional. Excerpted from Currency, Coins & The Law by Mayank Agarwal, Part 39: Currency Notes in Films — Film Props, Destroying Notes for Ads, Brand Reproduction Rules.