IPC 488 - Making use of any such false mark
Description of IPC 488
Description of IPC Section 488
According to section 488 of Indian penal code, 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.
IPC 488
| Offence | Making use of any such false mark |
| Punishment | 3 Years or Fine or Both |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable | Magistrate Court |
Same as for the offense described in Section 487: imprisonment for up to three years, a fine, or both.
IPC 488 in Simple Words
If someone uses a false mark in a way prohibited by the previous section and cannot prove that they had no intent to defraud, they will be punished as if they committed an offense under that section.
Importance and Practical application
Deals with the use of false marks as described in Section 487, and the penalty for such actions.
Practical application:
Consider a scenario where a cosmetic company produces a product labeled as Hypoallergenic but does not have the necessary testing to substantiate this claim. If the company knowingly uses this false mark to entice consumers who are sensitive to allergens, they are committing an offense under IPC Section 488. If regulatory authorities discover the deception, the company can be charged for using a false mark. The penalties could include imprisonment for up to three years, a fine, or both, unless they can demonstrate that they did not intend to defraud consumers. This provision helps uphold consumer trust and ensures that products meet their advertised claims.Conclusion
IPC Section 488 targets the use of false marks in a manner that violates the provisions set forth in Section 487. It underscores the importance of honest labeling and prohibits the intentional misuse of marks that can mislead consumers.