IPC Section 486: Selling goods marked with a counterfeit property mark

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:

1. 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
2. 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
3. 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 Section 486: Simplified Explanation

IPC Section 486 of the Indian Penal Code (IPC) pertains to the offence of selling goods marked with a counterfeit property mark. This section specifically targets individuals who sell, expose, or possess for sale any goods or things with a counterfeit property mark applied to or affixed upon them. In this context, a property mark refers to any mark used by a person to identify goods as his property, which could include brand logos, trademarks, or other identifiers. 

This provision aims to protect consumer rights and prevent economic fraud by ensuring that counterfeit marks are not used to deceive consumers into believing they are purchasing genuine products. By penalising the use of counterfeit marks, it safeguards the interests of both consumers and original manufacturers. 

Is IPC Section 486 Bailable? 

IPC Section 486 is bailable. This means that the accused has the right to be released on bail, usually upon providing a bond or surety as determined by the police or court, based on the case’s specifics. 

IPC Section 486 Punishment 

Under IPC Section 486, the Punishment for selling goods with a counterfeit property mark is imprisonment for a term that may extend to one year, a fine, or both. This penalty reflects the need to deter the misuse of counterfeit marks and maintain the integrity of consumer transactions. 

Example of IPC Section 486 

A real-life example of an offence under IPC Section 486 could involve a scenario where a retailer knowingly sells counterfeit electronic goods bearing the logo of a well-known brand. Suppose a shop owner stocks and sells fake mobile phones that carry the counterfeit logo of a popular brand, misleading customers into thinking they are buying authentic products. If caught, this retailer would be prosecuted under IPC Section 486 for selling goods with a counterfeit property mark, addressing the harm to consumers and the original brand caused by this fraudulent activity.