Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a proper mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
IPC Section 485: Simplified Explanation
IPC Section 485 of the Indian Penal Code (IPC) deals with the offence of making or possessing any instrument for counterfeiting a mark used by a public servant. This section targets individuals who either make or are found in possession of any instrument, tool, or material intended to counterfeit marks that public servants use in their official capacity to authenticate documents or other items.
This provision aims to prevent the potential for fraud and deception by stopping the production and distribution of counterfeit tools even before they are used. This helps maintain the credibility and reliability of the processes that depend on the authenticity of marks used by public servants.
Is IPC Section 485 Bailable?
IPC Section 485 is bailable. This status means that the accused has the right to be released on bail, typically upon furnishing a bond or surety as determined by the police or court, depending on the case’s specifics.
IPC Section 485 Punishment
Under IPC Section 485, the Punishment for making or possessing an instrument for counterfeiting a mark used by a public servant is imprisonment for a term that may extend to three years, a fine, or both. This penalty is designed to deter the creation and possession of tools that could be used to undermine trust in official processes.
Example of IPC Section 485
A real-life example of an offence under IPC Section 485 could involve a scenario where an individual manufactures or possesses moulds and printing plates designed to replicate the official certification marks used by a government environmental agency. Suppose this person plans to sell these counterfeit tools to businesses that want to falsely claim their products meet environmental standards without undergoing the actual certification process. If discovered, this individual would be prosecuted under IPC Section 485 for creating and possessing instruments meant for counterfeiting marks used by public servants, preventing potential environmental and consumer fraud.
