Section 479 IPC: Property Mark - Definition and Meaning

Section 479 of the Indian Penal Code, 1860 defined a "property mark". It was a definition provision forming part of the IPC framework dealing with false property marks, counterfeiting of property marks, instruments used for counterfeiting, and goods bearing counterfeit property marks.

Legal position covered: This article explains Section 479 IPC under the law applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the former IPC provision and matters governed by that legal framework.

Section 479 IPC - definition of property mark

Property mark.

A mark used for denoting that movable property belongs to a particular person is called a property mark.

What is a property mark?

The definition contains three central elements. There must be a mark; the mark must be used in relation to movable property; and its function must be to denote that the property belongs to a particular person.

Section 479 itself was definitional. It did not prescribe a punishment. Its significance was that the expression "property mark" was used in the succeeding IPC provisions dealing with false or counterfeit property marks.

Meaning of movable property under IPC

Section 22 IPC defined "movable property" as including corporeal property of every description except land and things attached to the earth or permanently fastened to anything attached to the earth. Read with Section 479, the property mark therefore concerned a mark denoting ownership of movable property.

Property mark and ownership identification

The statutory purpose of a property mark was identification of ownership. The relevant mark indicated that specified movable property belonged to a particular person. This concept provided the foundation for determining when a mark was falsely used or counterfeited under the related IPC provisions.

Related property mark provisions under IPC

IPC provisionSubject
Section 479Definition of property mark
Section 480Repealed provision relating to false trade mark
Section 481Defines using a false property mark
Section 482Punishment for using a false property mark
Section 483Counterfeiting a property mark used by another
Section 484Counterfeiting a mark used by a public servant
Section 485Making or possessing an instrument for counterfeiting a property mark
Section 486Selling goods marked with a counterfeit property mark

Difference between a property mark and a false property mark

Section 479 merely defined a genuine property mark by its ownership-identifying function. Section 481 addressed false use: broadly, marking movable property or goods, or using a marked case, package or other receptacle, in a manner reasonably calculated to cause it to be believed that the property or goods belonged to a person to whom they did not belong.

Does Section 479 IPC prescribe punishment?

No. Section 479 was a definition provision and contained no independent punishment. Criminal liability and punishment arose under the related provisions where the statutory requirements for false use, counterfeiting, possession of counterfeiting instruments, sale of marked goods or other prohibited conduct were satisfied.

Historical context

The former Section 478 relating to trade marks and Section 480 relating to using a false trade mark were repealed by the Trade and Merchandise Marks Act, 1958 with effect from 25 November 1959. The IPC provisions concerning property marks, including Section 479, continued to operate in the pre-BNS IPC framework.

Key point

Section 479 supplied the basic statutory definition: a property mark identified movable property as belonging to a particular person. That definition was essential to the operation of the succeeding IPC provisions dealing with false and counterfeit property marks.