Sections 478 to 489

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVIII

OF OFFENCES RELATING TO

OF PROPERTY AND OTHER MARKS

2

478. [Repealed]

479. Property
mark

480. [Repealed]

481. Using a
false property mark

482. Punishment
for using a false property mark

483. Counterfeiting
a property mark used by another

484. Counterfeiting
a mark used by a public servant

485. Marking
or possession of any instrument for counterfeiting a property mark

486. Selling
goods marked with a counterfeit property mark

487. Making a
false mark upon any receptacle containing goods

488. Punishment
for making use of any such false mark

489. Tampering
with property mark with intent to cause injury

CHAPTER XVIII

OF OFFENCES RELATING TO

OF PROPERTY AND OTHER MARKS

2

478. Trade marks. — [Rep. by the Trade and
Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-11-1959).]

479. Property mark: - A mark used for denoting
that moveable property belongs to a particular person is called a property
mark.

480. Using a
false trade mark [Rep. by
the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch., (w.e.f. 25-11-1959).]

481. Using a false property
mark: --
Whoever marks any moveable property or goods or any case, package or other receptacle
containing moveable property or goods, or uses any case, package or other
receptacle having any mark thereon, in a manner reasonably calculated to cause
it to be believed that the property or goods so marked, or any property or
goods contained in any such receptacle so marked, belong to a person to whom
they do not belong, is said to use a false property mark.

482. Punishment for using a
false property mark: -- Whoever uses ¹[*
* *] any false property mark shall, unless he proves that he acted without
intent to defraud, be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.

1.
The words “any false trademark or”
omitted by Act 43 of 1958, sec.135 and sch. (w. e. f. 25-11-1959).

483. Counterfeiting a property
mark used by another:--Whoever counterfeits any ¹[*
* *] property mark used by any other person shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.

1.
The words “trade mark or” omitted
by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11- 1959).

¹[484.
Counterfeiting a mark used by a public servant: -Whoever counterfeits any
property mark used by a public servant, or any mark used by a public servant to
denote that any property has been manufactured by a particular person or at a
particular time or place, or that the property is of a particular quality of
has passed though a particular office, or that it is entitled to any exemption,
or uses as genuine any such mark knowing the same to be counterfeited, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

1.
Subs. by Act 4 of 1889 sec. 3, for
the original section 484.

¹[485. Making or possession of
any instrument for counterfeiting a property mark: --Whoever makes
or has in his possession any die, plate or other instrument for the purpose of
counterfeiting a property mark, or has in his possession a property mark for
the purpose of denoting that any goods belong to a person to whom they do not
belong, shall be punished with imprisonment of either description for a term
which may extend to three years or with fine, or with both.]

1. Subs. by Act 43 or 1958, sec. 135 and
Sch. (w.e.f. 25-11-1959).

¹[486. Selling goods marked with a
counterfeit property mark: -- ²[Whoever sells,
or exposes, or has in possession for sale, any goods or things with a
counterfeit property mark] affixed to or impressed upon the same to or upon any case, package or other
receptacle in which such goods are contained, shall, unless he proves—

(a) That, having taken all reasonable
precautions against committing an offence against this section, he had at the
time of the commission of the alleged offence no reason to suspect the
genuineness of the mark, and

(b) That, on demand made by or on behalf of
the prosecutor, he gave all the information in his power with respect to the
persons from whom he obtained such goods or things, or

(c) That otherwise he had acted innocently.

Be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both.]

1. Subs. by Act 4 of 1889, sec. 3, for the
original section 486.

2. Subs. by Act 43 of 1958, sec. 135 and
sch., for certain words (w.e.f.25-11-1959).

¹[487. Making a false mark upon
any receptacle containing goods: -- Whoever makes any false mark upon any case,
package or other receptacle containing goods, in a manner reasonably calculated
to cause any public servant or any other person to believe that such receptacle
contains goods which it does not contain or that it does not contain goods
which it does contain, or that the goods contained in such receptacle are of a nature
or quality different from the real nature or quality thereof, shall, unless he
proves that he acted without intent to defraud, be punished with imprisonment
of either description for a term which may extend to three years, or with fine,
or with both.

1.
Subs by Act 4 of 1889, sec. 3, for
the original section 487.

¹[488. Punishment for making use
of any such false mark: -- Whoever makes use of any such false mark in any manner prohibited
by the last foregoing section shall, unless he proves that he acted without
intent to defraud, be punished as if he had committed an offence against that
section.

1.
Subs. by Act 4 of 1889, sec. 3, for
the original section 488.

¹[489. Tempering with property mark with intent to cause injury: -- Whoever removes, destroys,
defaces or adds to any property mark, intending or knowing it to be likely that
he may thereby cause injury to any person, shall be punished with imprisonment
of either description for a term which may extend to one year, or with fine, or
with both.]

1.
Subs. by Act 4 of 1889, sec. 3, for
the original section 489.

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