What is Section 481 IPC? Using a False Property Mark
Published on: Lawiz Team
Learn about Section 481 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever uses any false trade description, as defined by the law relating to trade marks for the time being in force, shall be punished in the same manner as if he had used a false property mark.
What This IPC Section Means – Explained in Simple Words
Section 481 punishes anyone who uses a false property mark to indicate ownership of any property.
Purpose
To prevent individuals from using fake property marks to claim ownership of movable property they do not own.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both.
Key Elements
1. The property mark must be false. 2. The accused must use it to indicate ownership. 3. The intent must be to deceive or claim ownership falsely.
Punishment Details
Imprisonment of either description for a term which may extend to one year, or a fine, or both.
Illustrative Example
If a person marks another's cattle with their own brand to claim ownership, they are punishable under Section 481.
Legal Defenses
If the accused can prove that the mark was genuine or authorized, they may be acquitted.
Related Sections
Related to Section 479 (Property mark) and Section 482 (Punishment for using false property mark).
Important Note
This section applies to false marks used to falsely indicate ownership of property.
FAQs
What does Section 481 IPC define?
Using a false trade description.
How is 'Using a false trade description' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 481 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 481?
Examples include real-life cases involving using a false trade description.
Is Section 481 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 481 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 481 significant?
It holds importance in the framework of criminal law.