What is Section 485 IPC? Making or Possession of Any Instrument for Counterfeiting a Property Mark
Published on: Lawiz Team
Learn about Section 485 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of using it fraudulently or dishonestly, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 485 punishes anyone who makes or possesses any instrument for the purpose of counterfeiting a property mark.
Purpose
To prevent individuals from manufacturing or possessing tools that can be used to create fake property marks.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.
Key Elements
1. The accused must make or possess the instrument. 2. The instrument must be meant for counterfeiting property marks. 3. The intent must be to use it for illegal purposes.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Illustrative Example
If a person possesses a stamp-making machine for creating fake brand logos, they are punishable under Section 485.
Legal Defenses
If the accused can prove that the instrument was used for lawful purposes, they may be acquitted.
Related Sections
Related to Section 483 (Counterfeiting property mark) and Section 484 (Counterfeiting mark of public servant).
Important Note
This section focuses on the tools or instruments used to counterfeit property marks.
FAQs
What does Section 485 IPC define?
Making or possession of any instrument for counterfeiting a property mark.
How is 'Making or possession of any instrument for counterfeiting a property mark' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 485 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 485?
Examples include real-life cases involving making or possession of any instrument for counterfeiting a property mark.
Is Section 485 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 485 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 485 significant?
It holds importance in the framework of criminal law.