Section 484 IPC: Counterfeiting a Mark Used by a Public Servant

Section 484 of the Indian Penal Code, 1860 dealt with counterfeiting specified marks used by public servants and knowingly using such counterfeit marks as genuine. 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 484 IPC as part of the Indian Penal Code framework applicable before commencement of the Bharatiya Nyaya Sanhita, 2023 on 1 July 2024. The law applicable to a particular matter depends on the date and facts of the alleged conduct and relevant saving or transitional provisions.

Text of Section 484 IPC

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 or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Meaning and Scope of Section 484 IPC

Section 484 protected the integrity of property marks and other specified marks used by public servants. It covered both the act of counterfeiting such a mark and the knowing use of a counterfeit mark as genuine.

The provision was broader than a rule dealing only with ownership marks. It expressly included marks used by a public servant to communicate particular facts or official attributes concerning property.

Marks Covered by Section 484 IPC

The statutory text covered a property mark used by a public servant and marks used by a public servant to denote:

that property was manufactured by a particular person;
that property was manufactured at a particular time or place;
that property was of a particular quality;
that property had passed through a particular office; or
that property was entitled to an exemption.

Meaning of Property Mark

Section 479 IPC dealt with a "property mark". In the IPC scheme, a mark used for denoting that movable property belonged to a particular person was called a property mark. This definition provides context for the first category of marks protected by Section 484.

Meaning of Counterfeit

The expression "counterfeit" was defined in Section 28 IPC. In substance, a person counterfeited 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.

Exact imitation was not essential under the statutory definition. The IPC also contained a presumption concerning intention or knowledge where the resemblance was such that a person might be deceived, until the contrary was proved.

Essential Elements of the Offence

Section 484 contemplated two principal forms of prohibited conduct. The first was counterfeiting a property mark or one of the specified marks used by a public servant. The second was using such a mark as genuine while knowing that it was counterfeit. The precise factual ingredients therefore depended on which limb of the provision was alleged.

Punishment Under Section 484 IPC

Offence	Counterfeiting a specified mark used by a public servant, or knowingly using such counterfeit mark as genuine
Maximum imprisonment	Imprisonment of either description for a term which may extend to three years
Fine	The offender was also liable to fine

Section 483 and Section 484 IPC

Section 483 IPC dealt generally with counterfeiting a property mark used by another person. Section 484 specifically addressed property marks and other identified marks used by public servants and also expressly covered knowing use of such counterfeit marks as genuine.

Related IPC Provisions

Section 481 IPC dealt with using a false property mark, while Section 482 IPC prescribed punishment for using a false property mark. Section 485 IPC dealt with making or possessing an instrument for counterfeiting a property mark.

The connected statutory scheme 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 for general information. The provision applicable to particular conduct should be determined with reference to the relevant date, facts and statutory saving provisions.