Section 485 IPC: Making or possession of any instrument for counterfeiting a property mark

Indian Penal Code, 1860

Section 485 IPC at a Glance

Section 485 IPC deals with making or possession of any instrument for counterfeiting a property mark. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 348 BNS.

Punishment

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

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 348 →

Section 485 IPC Bare Act Text

485. Making or possession of any instrument for counterfeiting a property mark

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 denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Source: Section 485, Indian Penal Code, 1860

Section 485 IPC in Simple Words

Section 485 of the Indian Penal Code (IPC) punishes making or possessing any die, plate or other instrument for the purpose of counterfeiting a property mark. The section also punishes possessing a property mark for the purpose of denoting that goods belong to a person to whom they do not belong.

The punishment is imprisonment of either description for a term which may extend to three years, or fine, or both. The offence is non-cognizable and bailable, triable by a Magistrate of the first class, and not compoundable under Section 320 CrPC.

Ingredients of Section 485 IPC

  • The accused makes, or has in his possession, any die, plate or other instrument for the purpose of counterfeiting a property mark
  • Alternatively, the accused has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong

Punishment Under Section 485 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three years, 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 ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Making or possessing an instrument for counterfeiting a property mark, or possessing a property mark to denote that goods belong to a person to whom they do not belong, carries imprisonment of either description for up to three years, or fine, or both.

Example of Section 485 IPC

In 2020, in Surat, Arvind carved a steel die in his back room for the purpose of counterfeiting the distinctive lotus property mark used by Bhavna to show ownership of her porcelain bowls. Alongside the die, Arvind also kept a bundle of ready-made lotus property mark transfers in his cupboard for the purpose of denoting that his own unbranded bowls belonged to Bhavna, to whom they did not belong. Police recovered the steel die and the transfers from Arvind's room before he attached them to any bowls. Arvind is punishable under Section 485 IPC.

When Section 485 IPC Does Not Apply

  • A person makes or keeps a die, plate, or printing tool for legitimate business authorised by the owner of the property mark rather than for counterfeiting.
  • A person possesses a property mark solely to apply it to goods that genuinely belong to the owner of that mark.
  • The tool or mark in the person's custody is kept as a historical sample or artwork without any purpose of counterfeiting or falsely attributing ownership of goods.

Section 485 IPC in the BNS

Section 485 IPC is now covered under Section 348 BNS.

Section 485 IPC corresponds to Section 348 BNS, with identical text and the same punishment.

View detailed comparison (IPC 485 vs BNS 348) →

FAQs on Section 485 IPC

What does Section 485 IPC punish?▼

Section 485 IPC punishes making or possessing any die, plate or other instrument for the purpose of counterfeiting a property mark, or possessing a property mark for denoting that goods belong to a person to whom they do not belong.

What is the punishment prescribed under Section 485 IPC?▼

The court may award imprisonment of either description for a term which may extend to three years, or fine, or both.

Under Section 485 IPC, must any property mark have already been counterfeited or used?▼

No. The offence under Section 485 IPC is complete upon making or possessing the instrument for the specified purpose, even before any counterfeit mark is applied.

Under Section 485 IPC, what is a property mark under the IPC?▼

Under Section 479 IPC, a property mark is a mark used for denoting that movable property belongs to a particular person.

Is Section 485 IPC bailable and cognizable?▼

Section 485 IPC is bailable and non-cognizable under the First Schedule to the Code of Criminal Procedure, 1973.

Which court tries an offence under Section 485 IPC?▼

The offence is triable by a Magistrate of the first class.

Can an offence under Section 485 IPC be compounded?▼

No. Section 485 IPC is not listed in Section 320 CrPC and cannot be compounded.

Where is Section 485 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 348 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 ·