IPC Section 485: Making or Possessing Instruments for Counterfeiting a Property Mark
Section 485 of the Indian Penal Code, 1860 penalised making or possessing instruments intended for counterfeiting a property mark. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 348.
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. This is distinct from a trade mark, which generally identifies the commercial source of goods or services. A property mark concerns ownership of movable property.
What did Section 485 IPC provide?
The former Section 485 IPC addressed two types of conduct: making or possessing a die, plate or other instrument for the purpose of counterfeiting a property mark; and possessing a property mark for the purpose of falsely indicating that goods belong to someone other than their true owner.
The historical statutory punishment was imprisonment of either description for up to three years, or a fine, or both.
Section 348 BNS: Current corresponding provision
Section 348 of the Bharatiya Nyaya Sanhita, 2023, titled "Making or possession of any instrument for counterfeiting a property mark," continues to prohibit making or possessing a die, plate or other instrument for counterfeiting a property mark, or possessing a property mark for falsely denoting ownership of goods.
Punishment: Imprisonment of either description for a term extending to three years, or fine, or both. The provision focuses on the purpose for which the instrument or mark is made or possessed, not merely on ordinary ownership of printing or marking equipment.
Essential ingredients of the offence
- An instrument or mark: A die, plate, other instrument, or property mark is made or possessed.
- Counterfeiting purpose: In the instrument limb, it must be intended for counterfeiting a property mark.
- False ownership purpose: In the property-mark limb, possession must be for denoting that goods belong to a person to whom they do not belong.
- Evidence of purpose: The circumstances, documents, use and surrounding conduct may be relevant to establishing the required purpose.
Illustrative examples
Example 1: A person makes a metal stamping die specifically to reproduce another person's ownership mark on merchandise. The purpose of making the die may bring the conduct within Section 348 BNS.
Example 2: A person keeps a fabricated property mark to falsely indicate that goods belong to a different owner. Possession for that purpose may fall within the provision.
Example 3: A legitimate manufacturer possesses an ordinary stamping machine for authorised marking work. Possession alone, without the prohibited purpose, does not establish this offence.
IPC Section 485 and BNS Section 348 at a glance
| Issue | Earlier law | Current law |
|---|---|---|
| Provision | IPC Section 485 | BNS Section 348 |
| Conduct | Making or possessing counterfeiting instruments or property marks for false ownership claims | Substantially corresponding conduct |
| Maximum imprisonment | Three years | Three years |
| Other punishment | Fine, or both imprisonment and fine | Fine, or both imprisonment and fine |
| Temporal application | Relevant to pre-1 July 2024 conduct, subject to savings | In force from 1 July 2024 |
Related provisions
IPC Section 481 concerns using a false property mark, now addressed in Section 345(2) BNS. IPC Section 483 relates to counterfeiting another person's property mark, corresponding to Section 347(1) BNS. IPC Section 484 relates to specified marks used by public servants, corresponding to Section 347(2) BNS. IPC Section 486 concerns selling goods bearing counterfeit property marks, corresponding to Section 349 BNS.
Frequently asked questions
What is the new BNS section for IPC 485?
Section 348 of the Bharatiya Nyaya Sanhita, 2023.
What is the punishment under Section 348 BNS?
Imprisonment of either description up to three years, or fine, or both.
Is possession of a stamping instrument always an offence?
No. The prohibited purpose of counterfeiting a property mark is an essential element under the instrument limb of the provision.
Does Section 485 IPC still matter?
Yes. The former IPC provision may remain relevant to conduct before the commencement of the BNS, subject to the applicable repeal and savings rules.
Official legal references
- National Crime Records Bureau - Bharatiya Nyaya Sanhita, 2023 (Sections 345 to 349)
- Bureau of Police Research and Development - Full BNS text (PDF)
- India Code - Official central legislation portal
This article provides general legal information. Application of a provision depends on the facts, date of the alleged act and relevant statutory rules.