IPC Section 483: Counterfeiting a Property Mark Used by Another
Section 483 of the Indian Penal Code, 1860 punished counterfeiting a property mark used by another person. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding provision is Section 347(1) BNS.
What did Section 483 IPC provide?
The provision stated:
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.
The offence concerns the counterfeiting of a mark indicating ownership of movable property. It is distinct from merely using a false property mark, which was addressed separately under IPC Sections 481 and 482.
Corresponding law: Section 347(1) BNS
Section 347(1) of the Bharatiya Nyaya Sanhita, 2023 continues the rule against counterfeiting a property mark used by another person. It provides for imprisonment of either description for up to two years, a fine, or both.
Meaning of a property mark
Under Section 345(1) BNS, a property mark is a mark used to denote that movable property belongs to a particular person. Counterfeiting such a mark means imitating a mark used by another person in circumstances covered by the statutory prohibition. The actual evidence and statutory meaning of counterfeiting must be considered in each case.
Essential features of the offence
- A property mark is used by another person to denote ownership of movable property.
- The accused is alleged to have counterfeited that mark.
- The prosecution must establish the relevant facts and elements of counterfeiting under the applicable law.
Punishment under IPC 483 and BNS 347(1)
| Provision | Subject | Maximum punishment |
|---|---|---|
| IPC Section 483 | Counterfeiting a property mark used by another | Imprisonment up to 2 years, or fine, or both |
| BNS Section 347(1) | Counterfeiting a property mark used by another | Imprisonment up to 2 years, or fine, or both |
| BNS Section 347(2) | Counterfeiting specified marks used by public servants or knowingly using them as genuine | Imprisonment up to 3 years and fine |
How is counterfeiting different from using a false property mark?
IPC Section 481 defined using a false property mark; IPC Section 482 prescribed punishment for that conduct. Their corresponding BNS provisions are Sections 345(2) and 345(3). IPC Section 483 instead addressed counterfeiting another person's property mark, now addressed by BNS Section 347(1).
Practical example
Suppose a trader reproduces a distinctive ownership mark used by another business on movable goods to make those goods appear to belong to that business. Depending on the facts and proof of the statutory elements, the conduct may attract Section 347(1) BNS. Other intellectual property or criminal laws may also apply independently.
Frequently asked questions
Is IPC Section 483 still the current provision?
For conduct governed by the BNS from 1 July 2024, the corresponding provision is Section 347(1). The IPC may remain relevant to earlier conduct and pending proceedings, subject to applicable savings and transition rules.
What is the punishment for counterfeiting a property mark?
Under Section 347(1) BNS, imprisonment of either description for up to two years, or fine, or both.
Does Section 347(2) cover the same conduct?
No. Section 347(2) specifically addresses certain counterfeit marks used by public servants and knowing use of such counterfeit marks as genuine, and prescribes a different punishment.
Official legal reference
Read the Bharatiya Nyaya Sanhita, 2023 (India Code, official PDF), particularly Sections 345 to 349. The precise statute and procedure applicable to a dispute should be verified against the relevant date and facts.