What is Section 486 IPC? Selling Goods Marked with a Counterfeit Property Mark
Published on: Lawiz Team
Learn about Section 486 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to them, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 486 punishes anyone who sells, exposes for sale, or has in possession for sale any goods with a counterfeit property mark.
Purpose
To protect consumers from being cheated by counterfeit goods and to maintain the authenticity of branded products.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both.
Key Elements
1. The goods must bear a counterfeit property mark. 2. The accused must sell, expose for sale, or possess for sale such goods. 3. The intent must be to deceive consumers.
Punishment Details
Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Illustrative Example
If a person sells fake branded shoes with a counterfeit Nike logo, they are punishable under Section 486.
Legal Defenses
If the accused can prove that they were unaware of the counterfeit mark, they may be acquitted.
Related Sections
Related to Section 480 (Using false trade mark) and Section 487 (Making a false mark on a receptacle).
Important Note
This section targets the sale and distribution of counterfeit goods.
FAQs
What does Section 486 IPC define?
Selling goods marked with a counterfeit property mark.
How is 'Selling goods marked with a counterfeit property mark' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 486 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 486?
Examples include real-life cases involving selling goods marked with a counterfeit property mark.
Is Section 486 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 486 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 486 significant?
It holds importance in the framework of criminal law.