Indian criminal law | Updated 31 October 2026
IPC Section 488 and BNS Section 350(2): Punishment for Using a False Mark
Section 488 of the Indian Penal Code, 1860 punished the use of a misleading mark on a package or other receptacle containing goods. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 350(2), read with Section 350(1).
- Former provision: IPC Section 488.
- Current provision: BNS Section 350(2), read with Section 350(1), in force from 1 July 2024.
- Punishment: Imprisonment of either description up to three years, or fine, or both.
- Classification: Non-cognizable, bailable; triable by any Magistrate under the BNSS First Schedule.
- Statutory protection: The accused may prove that they acted without intent to defraud.
What did Section 488 IPC provide?
The original provision stated:
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.
The reference to the last foregoing section meant Section 487 IPC, which dealt with making false marks on cases, packages or other receptacles containing goods. Because Section 488 adopted the punishment under Section 487, the maximum term was three years, or fine, or both.
Current law: Section 350(2) BNS
The Bharatiya Nyaya Sanhita, 2023 replaced the IPC with effect from 1 July 2024, subject to the applicable repeal and savings provisions. Section 350 combines the earlier IPC Sections 487 and 488:
- Section 350(1): Making a false mark on a case, package or other receptacle containing goods in a way reasonably calculated to mislead a public servant or another person about the contents or their nature or quality.
- Section 350(2): Using a false mark in any manner prohibited by subsection (1), subject to the statutory defence of acting without intent to defraud.
Section 350(2) directs that the person be punished as though the offence under subsection (1) had been committed. The current provision therefore retains the maximum punishment of three years, or fine, or both.
Meaning of important legal expressions
False mark on a receptacle
A misleading mark placed on a box, case, bag, container, package or similar receptacle containing goods. Under Section 350(1), the mark must be of a kind reasonably calculated to cause a mistaken belief about the goods present, absent, or their actual nature or quality.
Making use of a false mark
Using such a misleading mark in the prohibited manner, even where the issue is the use of the mark rather than its original creation. The circumstances must satisfy Section 350(2), read with subsection (1).
Intent to defraud
The statutory wording expressly allows a person to prove that they acted without intent to defraud. Whether that protection is established is a question of evidence in the individual case.
Essential considerations under Section 350(2)
- There is a false mark on a case, package or other receptacle containing goods.
- The mark is used in a manner covered by Section 350(1), capable of creating a misleading impression concerning the contents, their nature or their quality.
- The alleged user is linked by evidence to the prohibited use.
- The statutory qualification concerning absence of intent to defraud is considered in light of the evidence.
The provision is concerned with misleading marks on containers of goods. It should not be confused with the separate rules on false property marks indicating ownership.
Punishment and procedure
| Issue | Position |
|---|---|
| Earlier law | IPC Section 488, read with IPC Section 487 |
| Current law | BNS Section 350(2), read with Section 350(1) |
| Maximum imprisonment | Three years, of either description |
| Fine | Fine may be imposed instead of or together with imprisonment |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Court | Any Magistrate |
The procedural classification is taken from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The precise procedural law for an older matter depends on the relevant commencement and savings rules.
Illustrative situations
- Misleading contents: A person uses a package bearing a false mark indicating that it contains approved medical supplies when it contains unrelated goods.
- Misleading quality: A container is knowingly used with a false grade or quality marking reasonably calculated to deceive a buyer or inspecting officer about its contents.
- Potential defence: A person using a marked package may seek to establish, with supporting evidence, that they acted without intent to defraud.
These examples are illustrative only. Liability requires assessment of the statutory wording and evidence; a mere inaccurate label does not automatically establish every element of the offence.
IPC Section 488 and BNS Section 350(2) compared
| IPC, 1860 | BNS, 2023 |
|---|---|
| Section 487: Making a false mark on a receptacle containing goods | Section 350(1): Corresponding act of making a false mark |
| Section 488: Using any such false mark | Section 350(2): Corresponding use of the false mark |
| Up to three years, or fine, or both | Up to three years, or fine, or both |
Frequently asked questions
What is IPC Section 488?
It punished the use of a false mark on a case, package or other receptacle in a manner prohibited by IPC Section 487, unless the person proved that they acted without intent to defraud.
Which BNS provision corresponds to IPC Section 488?
Section 350(2) of the Bharatiya Nyaya Sanhita, 2023. Section 350(1) covers making the false mark, and Section 350(2) covers using it.
What is the punishment under BNS Section 350(2)?
Imprisonment of either description for up to three years, or a fine, or both, as provided for the offence under Section 350(1).
Is the offence bailable and cognizable?
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under Section 350(2) is non-cognizable and bailable, and triable by any Magistrate.
Does an innocent use of a false mark attract punishment?
The provision expressly permits the person to prove that they acted without intent to defraud. The outcome depends on the evidence and facts.
Official legal references
- India Code - Bharatiya Nyaya Sanhita, 2023 (official PDF), Section 350
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF), First Schedule
- National Crime Records Bureau - Bharatiya Nyaya Sanhita chapter text
This article provides general legal information and does not replace advice based on the facts of a particular matter.