Section 478 IPC: Trade Mark

Indian Penal Code, 1860

Section 478 IPC at a Glance

Section 478 IPC deals with trade Mark. It has no direct equivalent in the BNS.

Punishment

None. Section 478 IPC was repealed and created no offence.

Section 478 IPC Bare Act Text

478. Trade Mark

] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-11-1959).

Source: Section 478, Indian Penal Code, 1860

Section 478 IPC in Simple Words

Section 478 of the Indian Penal Code (IPC), titled Trade Mark, was repealed by section 135 of the Trade and Merchandise Marks Act, 1958, read with its Schedule, with effect from 25 November 1959. The provision creates no offence and prescribes no punishment. The Bharatiya Nyaya Sanhita, 2023 contains no corresponding section, and trade marks are governed by the Trade Marks Act, 1999.

Punishment Under Section 478 IPC

Imprisonment

None. Section 478 IPC was repealed and created no offence.

Fine

None.

Section 478 IPC created no offence and prescribed no punishment. It has stood repealed since 25 November 1959.

Example of Section 478 IPC

In 2016, in Indore, textile weaver Arvind discovered that a rival merchant, Sohan, was selling cotton sarees bearing Arvind's distinctive woven brand symbol. Arvind approached the local police station and asked the officer to register a criminal complaint against Sohan specifically under the trade mark provision in the Indian Penal Code. However, the trade mark provision in the Code had been repealed with effect from 25 November 1959 by the Trade and Merchandise Marks Act, 1958, leaving no operative definition or offence. Because the provision stood repealed, Sohan is not liable under Section 478 IPC.

When Section 478 IPC Does Not Apply

  • Any dispute or allegation concerning the definition or infringement of a trade mark arising on or after 25 November 1959, because Section 478 IPC stood repealed from that date.
  • Any prosecution seeking criminal punishment for using or counterfeiting a trade mark under Section 478 IPC, as the repealed section creates no offence and prescribes no penalty.
  • Cases involving marks used only to denote that movable property belongs to a particular person rather than a trade mark, which are defined as property marks under Section 479 IPC.

Section 478 IPC in the BNS

Repealed - No equivalent in BNS

Repealed. Section 478 IPC was repealed by the Trade and Merchandise Marks Act, 1958. The Bharatiya Nyaya Sanhita, 2023 has no counterpart on trade marks.

FAQs on Section 478 IPC

Is Section 478 IPC still in force?▼

No. Section 478 IPC was repealed by section 135 of the Trade and Merchandise Marks Act, 1958, read with its Schedule, with effect from 25 November 1959.

Does the Bharatiya Nyaya Sanhita have a section corresponding to Section 478 IPC?▼

No. The Bharatiya Nyaya Sanhita does not define or deal with trade marks.

Under Section 478 IPC, which law governs trade marks now?▼

The Trade Marks Act, 1999, which replaced the Trade and Merchandise Marks Act, 1958. It defines a trade mark and contains the offences relating to false trade marks.

Is Section 478 IPC bailable or cognizable?▼

Neither label applies. The section created no offence, and the First Schedule to the Code of Criminal Procedure, 1973 has no entry for it.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·