Section 482 IPC: Punishment for Using a False Property Mark

Section 482 of the Indian Penal Code, 1860 prescribed punishment for using a false property mark. This article explains the provision in the legal framework applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Historical legal position: The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the exception stated in the commencement notification. This page is intentionally focused on Section 482 IPC and the law applicable before that commencement date.

Text of Section 482 IPC

Whoever uses 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.

Meaning of Section 482 IPC

Section 482 was the penal provision for the use of a false property mark. It should be read with Section 479 IPC, which dealt with the meaning of a property mark, and Section 481 IPC, which explained when a person is said to use a false property mark.

Under Section 481, broadly stated, a false property mark involves marking movable property, goods, or a receptacle containing them, or using a marked receptacle, in a manner reasonably calculated to cause it to be believed that the property or goods belong to a person to whom they do not belong.

Essential Elements

For Section 482 to operate, there must be use of a false property mark of the kind contemplated by the IPC. The section expressly provided a defence where the person proved that he acted without intent to defraud. The statutory wording therefore made fraudulent intent an important part of the operation of the provision.

Punishment Under Section 482 IPC

Offence	Using a false property mark
Maximum imprisonment	Imprisonment of either description up to one year
Fine	Fine could be imposed
Combined punishment	Imprisonment and fine could both be imposed
CrPC classification	Non-cognizable and bailable
Court	Triable by any Magistrate

Defence: Absence of Intent to Defraud

The wording of Section 482 contained an express qualification: a person using a false property mark was punishable unless he proved that he acted without intent to defraud. The application of this provision therefore depended not merely on the existence of a mark but also on the statutory circumstances surrounding its use.

1959 Amendment Note

The words "any false trade mark or" formerly appearing in Section 482 were omitted by section 135 and the Schedule to the Trade and Merchandise Marks Act, 1958, with effect from 25 November 1959. The provision thereafter referred to use of a false property mark.

Related IPC Provisions

The property-mark provisions formed a connected statutory scheme. Section 483 IPC dealt with counterfeiting a property mark used by another; Section 484 IPC dealt with counterfeiting a mark used by a public servant; and Section 485 IPC addressed instruments for counterfeiting a property mark.

Section 486 IPC dealt with selling goods marked with a counterfeit property mark, while Sections 487, 488 and 489 IPC addressed false marks on receptacles, use of such marks and tampering with property marks.

Note: This page is an informational explanation of the pre-BNS IPC provision. For a particular case, the applicable law depends on the date and facts of the alleged conduct and any relevant transitional provisions.