Section 481 IPC: Using a false property mark
Indian Penal Code, 1860
Section 481 IPC at a Glance
Section 481 IPC deals with using a false property mark. From 1 July 2024 it is replaced by Section 345(2) BNS.
None. Section 481 IPC defines using a false property mark and prescribes no sentence. The punishment is prescribed under Section 482 IPC as imprisonment of either description for up to one year, or fine, or both.
Section 481 IPC Bare Act Text
481. Using a false property mark
Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.
Source: Section 481, Indian Penal Code, 1860
Section 481 IPC in Simple Words
Section 481 of the Indian Penal Code (IPC) defines using a false property mark. A person uses a false property mark when marking movable property or goods, or a receptacle containing them, or when using a receptacle with any mark on it, in a manner reasonably calculated to cause it to be believed that the property or goods belong to a person to whom they do not belong.
Section 481 IPC is solely a definition provision and prescribes no punishment. The act is punished under Section 482 IPC with imprisonment of either description for up to one year, or fine, or both.
Because Section 481 IPC only defines the offence, it has no separate entry in the First Schedule to the Code of Criminal Procedure, 1973, and compounding under Section 320 CrPC does not apply directly to this section.
Ingredients of Section 481 IPC
- Marking movable property or goods, or marking any case, package or other receptacle containing movable property or goods, or using any case, package or other receptacle having any mark on it
- The marking or using is done in a manner reasonably calculated to cause it to be believed that the property or goods, or the goods contained in the receptacle, belong to a particular person
- The property or goods do not belong to that person
Punishment Under Section 481 IPC
None. Section 481 IPC defines using a false property mark and prescribes no sentence. The punishment is prescribed under Section 482 IPC as imprisonment of either description for up to one year, or fine, or both.
None. Section 481 IPC prescribes no fine. The fine is prescribed under Section 482 IPC.
Section 481 IPC defines using a false property mark and prescribes no punishment of its own.
Example of Section 481 IPC
When Section 481 IPC Does Not Apply
- The movable items or the goods packed inside the container genuinely belong to the person indicated by the mark.
- The symbol or sign is placed upon land or a building instead of movable goods or a container holding movable goods.
- The way the goods or packages are marked or used could not reasonably lead anyone to think that they belong to someone else.
- An empty container bearing another person's mark is discarded or stored without being used to hold or present any movable property or goods.
Section 481 IPC in the BNS
Section 481 IPC is now covered under Section 345(2) BNS.
Section 481 IPC corresponds to Section 345(2) BNS, with identical wording. In the Bharatiya Nyaya Sanhita, Section 479 IPC, Section 481 IPC and Section 482 IPC are arranged as three sub-sections of Section 345 BNS, covering the definition of a property mark, using a false property mark, and the punishment.
View detailed comparison (IPC 481 vs BNS 345(2)) โFAQs on Section 481 IPC
What does Section 481 IPC define?โผ
Section 481 IPC defines when a person is said to use a false property mark by marking movable property or goods or a receptacle containing them, or by using a marked receptacle, in a manner reasonably calculated to cause it to be believed that the property or goods belong to a person to whom they do not belong.
Does Section 481 IPC prescribe a punishment?โผ
No. Section 481 IPC only defines the offence. The act is punished under Section 482 IPC with imprisonment of either description extending up to one year, or fine, or both.
Under Section 481 IPC, does using a pre-marked container amount to using a false property mark?โผ
Yes. Section 481 IPC applies both to putting a mark on goods or receptacles and to using any receptacle that already bears a mark.
Must fraudulent intent be proved under Section 481 IPC?โผ
Section 481 IPC defines the act based on whether the marking is reasonably calculated to cause the belief. Under Section 482 IPC, the accused escapes punishment if he proves that he acted without intent to defraud.
Is Section 481 IPC bailable or cognizable?โผ
Section 481 IPC has no entry in the First Schedule to the Code of Criminal Procedure, 1973 because it is a definition. The punishing offence under Section 482 IPC is non-cognizable and bailable.
Can Section 481 IPC be compounded?โผ
Section 481 IPC is not listed in Section 320 CrPC because it prescribes no punishment. Using a false property mark under Section 482 IPC is compoundable by the person to whom loss or injury is caused.
Where is Section 481 IPC placed in the Bharatiya Nyaya Sanhita?โผ
It is placed in Section 345(2) BNS, in Chapter XVIII, Of Offences Relating to Documents and to Property Marks.
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Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท