Section 488 IPC: Punishment for Making Use of Any Such False Mark

Section 488 of the Indian Penal Code, 1860 dealt with the use of a false mark in a manner prohibited by the immediately preceding provision, Section 487 IPC. It did not create an unrelated category of marking; its operation depended directly on the kind of false mark and prohibited manner described in Section 487.

Pre-BNS legal position: This page explains Section 488 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 488 IPC

Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.

Meaning and Scope of Section 488 IPC

The expression "last foregoing section" refers to Section 487 IPC. Section 488 therefore has to be read together with Section 487 to understand both the false mark covered and the punishment attracted.

What Section 487 IPC Prohibited

Section 487 dealt with making a false mark upon a case, package or other receptacle containing goods in a manner reasonably calculated to cause a public servant or another person to believe:

that the receptacle contained goods which it did not contain;
that it 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.

Section 488 applied when a person made use of such a false mark in a manner prohibited by Section 487.

Making a False Mark and Using a False Mark

The statutory structure distinguishes between the conduct described in the two provisions. Section 487 addressed making the specified false mark upon the receptacle. Section 488 addressed making use of such a false mark in a manner prohibited by Section 487.

Intent to Defraud

Important statutory safeguard: Section 488 expressly provided that the person would be punished unless he proved that he acted without intent to defraud. This qualification appears in the text of Section 488 itself and should be considered together with its cross-reference to Section 487.

Punishment Under Section 488 IPC

Section 488 did not state a separate numerical punishment. Instead, it provided that the offender would be punished as if he had committed an offence against Section 487. Section 487 prescribed imprisonment of either description for a term which could extend to three years, or fine, or both.

Conduct	Making use of a false mark in a manner prohibited by Section 487 IPC
Referenced provision	Section 487 IPC
Maximum imprisonment	Up to three years, by operation of the punishment under Section 487
Fine	Fine could be imposed
Combined punishment	Imprisonment and fine could both be imposed
Statutory qualification	The accused could prove that he acted without intent to defraud

Section 487 and Section 488 IPC

The provisions are closely connected. Section 487 IPC defines the relevant false marking of a case, package or other receptacle containing goods and provides its punishment. Section 488 extends that punishment to a person who makes use of such a false mark in a manner prohibited by Section 487, subject to the express qualification concerning absence of intent to defraud.

Related IPC Property Mark Provisions

Section 479 IPC dealt with property marks. Section 481 IPC dealt with using a false property mark, and Section 482 IPC prescribed punishment for using a false property mark.

Section 483 IPC dealt with counterfeiting a property mark used by another; Section 484 IPC dealt with specified marks used by public servants; Section 485 IPC addressed instruments for counterfeiting property marks; and Section 486 IPC dealt with selling, exposing or possessing for sale goods marked with a counterfeit property mark. 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.