Section 483 IPC: Counterfeiting a Property Mark Used by Another

Section 483 of the Indian Penal Code, 1860 dealt with counterfeiting a property mark used by another person. This article explains the provision in the legal framework applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Pre-BNS legal position: This page explains Section 483 IPC as part of the Indian Penal Code framework applicable before commencement of the Bharatiya Nyaya Sanhita, 2023 on 1 July 2024. The applicable law in an individual matter depends on the date and circumstances of the alleged offence and relevant saving or transitional provisions.

Text of Section 483 IPC

Whoever counterfeits any 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.

Meaning of Section 483 IPC

Section 483 punished the act of counterfeiting a property mark used by another person. The provision formed part of the IPC scheme dealing with property marks and should be read together with Section 479 IPC, which dealt with the meaning of a property mark.

A property mark was a mark used for denoting that movable property belonged to a particular person. Section 483 addressed counterfeiting such a mark when the mark was used by another person.

Meaning of Counterfeit Under the IPC

The expression "counterfeit" was defined by Section 28 IPC. A person was said to counterfeit when he caused one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception would thereby be practised.

The statutory definition also made clear that exact imitation was not essential. Where one thing was made to resemble another and the resemblance was such that a person might be deceived, the IPC provided a presumption, until the contrary was proved, regarding the relevant intention or knowledge.

Essential Elements of Section 483 IPC

For the provision to apply, the subject matter had to be a property mark used by another person and there had to be counterfeiting of that mark within the meaning of the IPC. The concepts of a "property mark" and "counterfeit" therefore supplied important statutory context for understanding the offence.

Punishment Under Section 483 IPC

Offence	Counterfeiting a property mark used by another person
Maximum imprisonment	Imprisonment of either description for a term which may extend to two years
Fine	Fine could be imposed
Combined punishment	Imprisonment and fine could both be imposed

Difference Between Sections 482 and 483 IPC

Section 482 IPC dealt with punishment for using a false property mark, whereas Section 483 dealt with counterfeiting a property mark used by another. The provisions therefore addressed related but distinct conduct within the IPC framework concerning property marks.

1959 Amendment Note

The words "trade mark or" formerly appearing in Section 483 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 counterfeiting a property mark used by another person.

Related Property Mark Provisions

Section 481 IPC dealt with using a false property mark, while Section 484 IPC addressed counterfeiting a mark used by a public servant. Section 485 IPC dealt with making or possessing an instrument for counterfeiting a property mark.

The connected provisions also included Section 486 IPC on selling goods marked with a counterfeit property mark, Section 487 IPC on making a false mark upon a receptacle containing goods, Section 488 IPC on punishment for making use of such false mark, and Section 489 IPC on tampering with a property mark with intent to cause injury.

Legal information: This article explains the historical IPC provision and is intended for general legal information. The law applicable to particular conduct should be determined with reference to the relevant date, facts and statutory saving provisions.