Section 482 IPC: Punishment for using a false property mark

Indian Penal Code, 1860

Section 482 IPC at a Glance

Section 482 IPC deals with punishment for using a false property mark. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 345(3) BNS.

Punishment

Imprisonment of either description for a term which may extend to one year, or fine, or both.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 345(3) →

Section 482 IPC Bare Act Text

482. Punishment for using a false property mark

Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Source: Section 482, Indian Penal Code, 1860

Section 482 IPC in Simple Words

Section 482 of the Indian Penal Code (IPC) punishes using a false property mark as defined in Section 481 IPC. A person uses a false property mark by marking movable property or goods, or a receptacle containing them, in a manner reasonably calculated to cause it to be believed that the goods belong to someone to whom they do not belong.

The punishment is imprisonment of either description for a term which may extend to one year, or fine, or both. Under the statutory terms, the offender escapes punishment only if he proves that he acted without intent to defraud.

The offence is non-cognizable and bailable, triable by any Magistrate, and compoundable under Section 320(1) CrPC by the person to whom loss or injury is caused.

Ingredients of Section 482 IPC

  • The accused used a false property mark within the meaning of Section 481 IPC
  • The accused fails to prove that he acted without intent to defraud

Punishment Under Section 482 IPC

Imprisonment

Imprisonment of either description for a term which may extend to one year, or fine, or both.

Fine

The court may impose a fine alone, or fine in addition to imprisonment. The statute specifies no upper limit.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Using a false property mark carries imprisonment of either description for up to one year, or fine, or both, unless the accused proves that he acted without intent to defraud.

Example of Section 482 IPC

In 2021, in Madurai, Deepak made leather sandals in his cobbler shop and packed them into gunny bags bearing the distinctive property mark of Nandini Footwear, a business owned by Nandini. The sandals belonged entirely to Deepak and not to Nandini, and the mark on the bags was reasonably calculated to make wholesale buyers believe that the sandals belonged to Nandini. At trial, Deepak failed to prove that he had acted without intent to defraud when using the false property mark on the bags. Deepak is punishable under Section 482 IPC.

When Section 482 IPC Does Not Apply

  • The person who used the false property mark proves before the court that he acted without any intention to defraud.
  • The movable goods or the items inside the marked package actually belong to the person whose ownership mark is displayed.
  • The manner in which the mark or container is used is not reasonably likely to make anyone believe that the goods belong to someone else.
  • The mark is affixed to land or a permanent structure rather than to movable goods or a container holding movable goods.

Section 482 IPC in the BNS

Section 482 IPC is now covered under Section 345(3) BNS.

Section 482 IPC corresponds to Section 345(3) BNS, with identical words and the same punishment. In the Bharatiya Nyaya Sanhita, Section 479 IPC, Section 481 IPC and Section 482 IPC are consolidated into Section 345(1) BNS, Section 345(2) BNS and Section 345(3) BNS.

View detailed comparison (IPC 482 vs BNS 345(3)) →

FAQs on Section 482 IPC

What does Section 482 IPC punish?▼

Section 482 IPC punishes using any false property mark, unless the person proves that he acted without intent to defraud.

What is the punishment prescribed under Section 482 IPC?▼

The court may impose imprisonment of either description for a term which may extend to one year, or fine, or both.

Under Section 482 IPC, who bears the burden of proving absence of fraudulent intent?▼

The accused person bears the statutory burden. The section imposes punishment unless he proves that he acted without intent to defraud.

Is Section 482 IPC bailable and cognizable?▼

Section 482 IPC is bailable and non-cognizable according to the First Schedule to the Code of Criminal Procedure, 1973.

Which court conducts the trial for an offence under Section 482 IPC?▼

The offence is triable by any Magistrate.

Can an offence under Section 482 IPC be compounded?▼

Yes. Under Section 320(1) CrPC, the offence may be compounded without the permission of the court by the person to whom loss or injury is caused.

Where is Section 482 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 345(3) BNS, in Chapter XVIII, Of Offences Relating to Documents and to Property Marks.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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