Section 487 IPC: Making a False Mark Upon a Receptacle Containing Goods

Section 487 of the Indian Penal Code, 1860 dealt with deceptive marks made on a case, package or other receptacle containing goods. The provision addressed marks reasonably calculated to mislead a public servant or another person about the contents of the receptacle or the nature or quality of the goods inside it.

Pre-BNS legal position: This page explains Section 487 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 an individual matter depends on the date and facts of the alleged conduct and relevant saving or transitional provisions.

Text of Section 487 IPC

Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, 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 three years, or with fine, or with both.

Meaning and Scope of Section 487 IPC

Section 487 focused on false marks placed upon containers of goods. The relevant container could be a case, package or other receptacle. The false mark had to be made in a manner reasonably calculated to create one of the misleading impressions specified in the section.

Forms of Deception Covered by Section 487

The statutory language covered a false mark reasonably calculated to cause a public servant or any other person to believe:

that the receptacle contained goods which it did not contain;
that the receptacle did not contain goods which it actually contained; or
that the goods inside were of a nature or quality different from their real nature or quality.

Meaning of Receptacle

Section 487 itself identified a case, package or other receptacle containing goods. In the context of the provision, the relevant false mark is therefore a mark placed on the container or packaging in which the goods are held, rather than necessarily on the goods themselves.

False Mark and the Required Deceptive Effect

The section did not merely refer to the existence of an inaccurate mark. Its wording required the false mark to be made in a manner reasonably calculated to cause the specified mistaken belief. The statutory focus was therefore on a false marking capable, in the stated manner, of misleading a public servant or another person concerning the contents, nature or quality of the goods.

Intent to Defraud

Important statutory safeguard: Section 487 expressly stated "unless he proves that he acted without intent to defraud." This qualification forms part of the provision itself and should be read together with the conduct described in the section.

Punishment Under Section 487 IPC

Offence	Making a false mark on a case, package or other receptacle containing goods in the deceptive manner specified by Section 487
Maximum imprisonment	Imprisonment of either description for a term which may extend to three years
Fine	Fine could be imposed
Combined punishment	Imprisonment and fine could both be imposed
Statutory qualification	The section allowed the accused to prove that he acted without intent to defraud

Section 486 and Section 487 IPC

Section 486 IPC dealt with selling, exposing for sale or possessing for sale goods or things bearing a counterfeit property mark, subject to the safeguards contained in that provision. Section 487 addressed a different form of misconduct: making a false mark on the case, package or other receptacle containing goods so as to create the deceptive impressions specified in the section.

Related IPC Property Mark Provisions

Section 479 IPC dealt with property marks. Section 481 IPC dealt with using a false property mark, while Section 482 IPC prescribed punishment for such use. Section 483 IPC dealt with counterfeiting a property mark used by another person.

Section 484 IPC dealt with specified marks used by public servants, and Section 485 IPC dealt with instruments for counterfeiting property marks. Section 488 IPC dealt with punishment for making use of a false mark of the kind prohibited by Section 487, while Section 489 IPC dealt with 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.