Property and Other Marks – INDIAN PENAL CODE (IPC)

478. Trade marks.

Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959)

479. Property mark.

A mark used for denoting that movable property belongs to a particular person is called a property mark.

480. Using a false trade mark.

Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), sec. 135 and Sch. (w.e.f 25-11-1959)

481. Using a false property mark.

Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.

482. Punishment for using a false property mark.

Whoever uses any false property mark 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 one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Compoundable by the person to whom loss or injury is caused by such use with the permission of the court.

483. Counterfeiting a property mark used by another.

Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Compoundable by the person whose trade or property mark is counterfeited with the permission of the court.

484. Counterfeiting a mark used by a public servant.

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 counterfeited, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

485. Making or possession of any instrument for counterfeiting a property mark.

Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.

486. Selling goods marked with a counterfeit property mark.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Compoundable by the person whose trade or property mark is counterfeited with the permission of the court.

487. Making a false mark upon any receptacle containing goods.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable.

488. Punishment for making use of any such false mark.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable.

489. Tampering with property mark with intent to cause injury.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable.

Of Currency Notes and Bank Notes – IPC

489A. Counterfeiting currency-notes or bank-notes.

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation-
For the purposes of this section and of sections 489B, 489C, 489D and 489E, the expression “bank-note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

489B. Using as genuine, forged or counterfeit currency-notes or bank-notes.

Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

489C. Possession of forged or counterfeit currency-notes or bank-notes.

Whoever has in his possession any forged or counterfeit currency-note or bank- note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable— Triable by Court of Session—Non-compoundable.

489D. Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes.

Whoever makes, or performs, any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

489E. Making or using documents resembling currency-notes or bank-notes.

(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees.

(2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees.

(3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that person caused the document to be made.

CLASSIFICATION OF OFFENCE
Punishment—Fine of 100 rupees—Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Next,
CHAPTER XIX (490-492) of IPC – THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

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