Section 482 IPC: Punishment for Using a False Property Mark
Section 482 of the Indian Penal Code, 1860 prescribed punishment for using a false property mark. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 345(3), effective from 1 July 2024.
What did Section 482 IPC provide?
The original provision stated:
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.
The provision imposed liability for use of a false property mark, while expressly allowing the person concerned to prove that the act was done without intent to defraud.
Current provision: Section 345(3) BNS
Section 345(3) of the Bharatiya Nyaya Sanhita, 2023 retains the punishment framework of former Section 482 IPC: imprisonment of either description for up to one year, a fine, or both, unless the person proves absence of intent to defraud.
| Issue | Legal position |
|---|---|
| Former provision | Section 482, Indian Penal Code, 1860 |
| Current corresponding provision | Section 345(3), Bharatiya Nyaya Sanhita, 2023 |
| Maximum imprisonment | One year, simple or rigorous |
| Other punishment | Fine, or imprisonment and fine together |
| Statutory qualification | Person may prove that they acted without intent to defraud |
Meaning of property mark and false property mark
Property mark: Section 345(1) BNS defines a property mark as a mark used to indicate that movable property belongs to a particular person. The former IPC definition was contained in Section 479.
False property mark: Section 345(2) BNS addresses marking movable property, goods, packaging or receptacles in a manner reasonably calculated to make others believe that the property belongs to someone other than its actual owner. This corresponds to former Section 481 IPC.
How the provision may apply
For example, marking packages to make goods appear to belong to another business or individual may raise an issue of false property marking. Whether an offence is established depends on the facts, the nature of the mark, its use and the statutory qualification concerning intent to defraud.
IPC Section 482 and BNS Section 345(3): comparison
The core penalty remains the same. The BNS consolidates the definition of a property mark, the meaning of a false property mark and its punishment into subsections (1), (2) and (3) of Section 345 respectively. The former IPC placed these subjects in Sections 479, 481 and 482.
Frequently asked questions
What is the punishment for using a false property mark?
Under Section 345(3) BNS, imprisonment for up to one year, a fine, or both, subject to the statutory qualification concerning absence of intent to defraud.
Is IPC Section 482 still the current provision?
Section 482 IPC is the historical provision. For conduct governed by the BNS from 1 July 2024, the corresponding provision is Section 345(3).
What is the difference between a property mark and a trademark?
A property mark denotes ownership of movable property. A trademark generally distinguishes the goods or services of one undertaking from those of others. The legal regimes and applicable offences should not be confused.
Official legal references
Read the Bharatiya Nyaya Sanhita, 2023 (official India Code PDF), particularly Section 345, and the Bureau of Police Research and Development page on the new criminal laws.
For the historical definition, see Section 481 IPC - Using a false property mark.
Updated: 31 October 2026. This article is general legal information and does not replace advice on individual facts.