Section 487 IPC: Making a False Mark on a Package or Receptacle Containing Goods
Current law: Section 487 of the Indian Penal Code, 1860 corresponds to Section 350(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024. The former IPC provision remains relevant to earlier acts and proceedings subject to applicable repeal and savings rules.
False marking of goods containers can mislead buyers, transporters, inspectors or public servants about what a package contains. The former Section 487 IPC addressed false marks on cases, packages and other receptacles that misrepresent the presence, nature or quality of the goods. The same conduct is now addressed by Section 350(1) BNS.
Meaning of Section 487 IPC
Under the former provision, a person who made a false mark on a case, package or other receptacle containing goods, in a manner reasonably calculated to make a public servant or another person believe that the container held goods it did not hold, omitted goods it did hold, or contained goods of a different nature or quality, was punishable unless that person proved they acted without intent to defraud.
Current law: Section 350 BNS
Section 350(1) BNS covers making a misleading mark on a receptacle containing goods. Section 350(2) BNS separately covers using a false mark in a manner prohibited by subsection (1), and provides the same punishment. The earlier corresponding provision for using such a mark was Section 488 IPC.
Essential ingredients of the offence
- A false mark is made on a case, package or other receptacle containing goods.
- The marking is reasonably calculated to cause a public servant or another person to form a false belief about the contents, their presence or absence, or their nature or quality.
- The statutory qualification concerning proof of absence of intent to defraud applies.
Punishment and legal position
| Issue | Legal position |
|---|---|
| Former law | Section 487 IPC |
| Current law | Section 350(1) BNS |
| Maximum imprisonment | Up to three years, of either description |
| Alternative punishment | Fine, or both imprisonment and fine |
| Using the false mark | Section 350(2) BNS (former Section 488 IPC) |
| Procedure under current law | Non-cognizable, bailable; triable by any Magistrate under the BNSS First Schedule |
Illustrative examples
A supplier deliberately marks a container as holding premium-grade material when it contains lower-grade material, intending the marking to mislead an inspector or buyer. Another example is falsely marking a box as containing one class of goods when it contains a different class. Whether a particular incident constitutes an offence depends on the evidence and all statutory elements; an innocent clerical mistake does not automatically establish guilt.
Absence of intent to defraud
The statutory wording expressly allows the accused to prove that the act was done without intent to defraud. Relevant facts may include packaging instructions, inspection records, the circumstances of marking and steps taken to correct an error. The availability and success of this defence depend on the facts and applicable evidentiary law.
Related provisions
IPC Section 481 explains use of a false property mark; IPC Section 486 concerns selling goods with a counterfeit property mark. False marks on the contents of packages under Section 487 IPC are a distinct statutory subject.
Frequently asked questions
What is Section 487 IPC?
It punished making a false mark on a case, package or other receptacle containing goods in a manner likely to mislead someone about its contents, nature or quality, unless the person proved absence of intent to defraud.
What is the corresponding BNS provision?
Section 350(1) of the Bharatiya Nyaya Sanhita, 2023 covers making a false mark on a receptacle containing goods. Section 350(2) separately addresses use of such a false mark.
What is the maximum punishment?
Imprisonment of either description for up to three years, or fine, or both.
Does every incorrect label amount to this offence?
No. The statutory elements must be satisfied, and the law expressly provides for proof that the accused acted without intent to defraud.
Official legal sources
Read the Bharatiya Nyaya Sanhita, 2023 (official India Code PDF), especially Section 350, and consult the India Code portal for current legislation and amendments. For procedural classification, refer to the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Updated: 31 October 2026. This article provides general legal information, not advice on a specific case.