Section 489 IPC: Tampering With Property Mark With Intent to Cause Injury

Section 489 of the Indian Penal Code, 1860 dealt with tampering with a property mark where the person intended, or knew it to be likely, that the tampering might thereby cause injury to another person. The section expressly covered removing, destroying, defacing and adding to a property mark.

Pre-BNS legal position: This page explains Section 489 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 489 IPC

Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall 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 489 IPC

Section 489 concerned interference with an existing property mark. Its language covered four forms of conduct: removing, destroying, defacing, or adding to a property mark. The section also required the specified mental element relating to injury.

Meaning of Property Mark Under Section 479 IPC

Section 479 IPC defined a property mark as a mark used for denoting that movable property belongs to a particular person. Section 489 should therefore be read in the context of the statutory concept of a property mark rather than as a general prohibition against altering every kind of mark or label.

Acts Covered by Section 489

Removing: taking away the property mark.
Destroying: eliminating or destroying the property mark.
Defacing: altering or damaging the mark so that its appearance or identifying character is impaired.
Adding to: making an addition to the property mark.

Intent or Knowledge Required

Mental element: The statutory text required that the person act either intending to cause injury or knowing it to be likely that the act may thereby cause injury to any person. The physical alteration of a property mark should therefore be read together with this express intent-or-knowledge requirement.

Meaning of Injury Under the IPC

For the IPC framework, Section 44 defined injury as any harm whatever illegally caused to any person, in body, mind, reputation or property. This general definition is relevant when reading the reference to causing injury in Section 489.

Essential Elements of Section 489 IPC

On the wording of the section, the material elements include:

the existence of a property mark;
removing, destroying, defacing or adding to that property mark; and
an intention to cause injury to a person, or knowledge that injury is likely to be caused thereby.

Punishment Under Section 489 IPC

Offence	Tampering with a property mark in the manner and with the mental element specified by Section 489
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

Section 489 and Other Property Mark Offences

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

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

Section 487 IPC dealt with making specified false marks on receptacles containing goods, while Section 488 IPC dealt with making use of such a false mark. Section 489, by contrast, specifically addressed removing, destroying, defacing or adding to a property mark with the required intent or knowledge concerning 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.