IPC 486 - Knowingly selling goods marked with a counterfeit property mark
Description of IPC 486
Description of IPC Section 486
According to section 486 of Indian penal code, Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves
that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and
that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or
that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
IPC 486
| Offence | Knowingly selling goods marked with a counterfeit property mark |
| Punishment | 1 Year or Fine or Both |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable | Magistrate Court |
Imprisonment for up to one year, a fine, or both.
IPC 486 in Simple Words
If someone sells or possesses goods with a counterfeit property mark and cannot prove that they took reasonable precautions, had no reason to suspect the mark's genuineness, provided information about the source of the goods when asked, or acted innocently, they can be punished with imprisonment for up to one year, a fine, or both.
Importance and Practical application
Addresses the sale or possession of goods marked with counterfeit property marks and the requirements for defense.
Practical application:
Consider a scenario where a vendor at a local market sells handbags that are falsely labeled with the property mark of a luxury brand, LuxeBags. Unbeknownst to the vendor, the bags are counterfeit, and they are marketed as genuine LuxeBags to unsuspecting customers. If authorities discover this situation, they can prosecute the vendor under IPC Section 486 for selling goods with a counterfeit property mark. The vendor can defend themselves only if they can prove they took reasonable precautions and acted innocently, such as verifying the source of the goods. If they fail to provide such evidence, they may face imprisonment for up to one year, a fine, or both, emphasizing the law's role in protecting brand integrity and consumer rights.Conclusion
IPC Section 486 focuses on the illegal sale and possession of goods marked with counterfeit property marks, aiming to prevent fraud and protect consumers from being misled about the authenticity of products. The provision requires sellers to demonstrate that they acted innocently and took reasonable precautions to defend against prosecution, reinforcing accountability in commercial transactions.