A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.
Explanation 1
It is not essential to counterfeiting that the imitation should be exact.
Explanation 2
When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.
1. Subs. by Act 1 of 1889, sec. 9, for the original Explanation.
IPC Section 28: Simplified Explanation
IPC Section 28 of the Indian Penal Code (IPC) defines “Counterfeit.” This term is essential for offences relating to currency, documents, and other items that can be forged or imitated with fraudulent intent. Understanding the definition of “counterfeit” is crucial for interpreting various sections of the IPC that deal with forgery, fraud, and related offences.
According to Section 28, “Counterfeiting” means making something that is intended to resemble and pass for a genuine article with the intent that it shall be fraudulently or dishonestly used as genuine. This definition encompasses a wide range of actions aimed at creating false replicas of items to deceive individuals or entities into believing that the fake items are authentic.
The critical aspects of counterfeiting under the IPC include:
- Intention to Deceive: The act of counterfeiting is characterized by its purpose. The counterfeit item must be created to be used as if it were genuine to deceive or defraud others.
- Fraudulent Use: The definition emphasizes the use of the counterfeit item. It is not just the act of making a counterfeit item that constitutes an offence but doing so with the intent that it will be used to commit fraud.
- Resemblance to the Genuine: The counterfeit item must be made so closely that it resembles the genuine item closely enough that it could be mistaken for the real thing. This resemblance is what enables the counterfeit item to deceive potentially.
- Scope of Counterfeiting: While often associated with currency and documents, counterfeiting can apply to a broad range of items, including trademarks, goods, and other materials with value or significance.
Understanding the definition of “counterfeit” is pivotal for law students and professionals for several reasons:
- Legal Application: It helps in the application of various sections of the IPC that address forgery, fraud, and the making or possession of counterfeit items. Knowing what constitutes “counterfeit” allows for correctly identifying and prosecuting such offences.
- Differentiation from Other Offenses: It aids in distinguishing between simple forgery and counterfeiting, which has a more specific intent and application, particularly concerning the item’s intended use as genuine.
- Protection of Integrity: By defining and criminalizing counterfeiting, the law protects the integrity of currency, documents, and other significant items, ensuring public trust and preventing economic or personal harm caused by fraudulent activities.
