Section 486 IPC: Selling Goods Marked With a Counterfeit Property Mark
Section 486 of the Indian Penal Code, 1860 dealt with selling, exposing for sale, or possessing for sale goods or things bearing a counterfeit property mark. The provision also contained specific grounds by which the accused could avoid liability by proving reasonable precautions, disclosure of supplier information, or otherwise innocent conduct.
Text of Section 486 IPC
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 or 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.
Meaning and Scope of Section 486 IPC
Section 486 addressed commercial dealing in goods or things connected with a counterfeit property mark. Its language extended beyond a completed sale. It expressly covered selling, exposing goods for sale, and having goods in possession for sale where the counterfeit property mark was affixed to or impressed upon the goods themselves or upon a case, package or other receptacle containing them.
Meaning of Property Mark
Section 479 IPC supplied the relevant concept of a "property mark". Under the IPC scheme, a mark used for denoting that movable property belonged to a particular person was called a property mark.
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 the relevant intention or knowledge where the resemblance was such that a person might be deceived, until the contrary was proved.
Conduct Covered by Section 486 IPC
The provision applied where the relevant counterfeit property mark was affixed to or impressed upon the goods or things, or upon a case, package or other receptacle containing them, and the person:
- sold the goods or things;
- exposed them for sale; or
- had them in possession for sale.
Statutory Protection for Innocent Conduct
Section 486 expressly allowed the accused to prove circumstances showing absence of culpability. The statutory text identified reasonable precautions and absence of reason to suspect the genuineness of the mark, provision of available information about the supplier when demanded by or on behalf of the prosecutor, or proof that the accused had otherwise acted innocently.
These provisions are important because Section 486 should not be read as imposing punishment merely from the physical presence of counterfeit-marked goods without regard to the safeguards contained in the section itself.
Punishment Under Section 486 IPC
| Offence | Selling, exposing for sale, or possessing for sale goods or things bearing a counterfeit property mark, subject to the statutory grounds stated in the section |
|---|---|
| Maximum imprisonment | Imprisonment of either description for a term which may extend to one year |
| Fine | Fine could be imposed |
| Combined punishment | Imprisonment and fine could both be imposed |
1959 Amendment Note
Related IPC Property Mark Provisions
Section 481 IPC dealt with using a false property mark, and Section 482 IPC prescribed punishment for such use. Section 483 IPC dealt with counterfeiting a property mark used by another, while Section 484 IPC addressed specified marks used by public servants.
Section 485 IPC dealt with instruments for counterfeiting property marks. The following provisions included Section 487 IPC concerning false marks upon receptacles containing goods, Section 488 IPC concerning use of such false marks, and Section 489 IPC concerning tampering with a property mark with intent to cause injury.
Legal information: This article explains the historical IPC provision for general information. The law applicable to particular conduct should be determined with reference to the relevant date, facts and statutory saving provisions.