Section 486 IPC: Selling goods marked with a counterfeit property mark
Indian Penal Code, 1860
Section 486 IPC at a Glance
Section 486 IPC deals with selling goods marked with a counterfeit property mark. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 349 BNS.
Imprisonment of either description for a term which may extend to one year, or fine, or both.
Section 486 IPC Bare Act Text
486. Selling goods marked with a counterfeit property mark
Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and (b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Source: Section 486, Indian Penal Code, 1860
Section 486 IPC in Simple Words
Section 486 of the Indian Penal Code (IPC) punishes selling, exposing for sale, or possessing for sale any goods or things bearing a counterfeit property mark, whether affixed to the goods or to any case, package or receptacle containing them. The accused escapes liability if he proves that, having taken all reasonable precautions, he had no reason to suspect the genuineness of the mark and gave all information in his power regarding his suppliers on demand by the prosecutor, or proves that he otherwise acted innocently.
The punishment is imprisonment of either description for a term which may extend to one year, or fine, or both. 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 486 IPC
- The accused sells, exposes for sale, or has in possession for sale any goods or things
- A counterfeit property mark is affixed to or impressed upon the goods or things, or upon any case, package or other receptacle containing them
- The accused does not prove that, having taken all reasonable precautions against committing an offence against the section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and that on demand made by or on behalf of the prosecutor, he gave all information in his power regarding the persons from whom he obtained such goods
- The accused does not prove that otherwise he had acted innocently
Punishment Under Section 486 IPC
Imprisonment of either description for a term which may extend to one year, or fine, or both.
The court may impose a fine alone, or fine in addition to imprisonment. The statute specifies no upper limit.
Selling, exposing for sale, or possessing for sale goods bearing a counterfeit property mark carries imprisonment of either description for up to one year, or fine, or both.
Example of Section 486 IPC
When Section 486 IPC Does Not Apply
- The property mark on the merchandise or its packaging is authentic rather than counterfeit.
- The person keeps the marked items strictly for personal consumption and does not sell them, display them for sale, or hold them for sale.
- The seller proves that he took all reasonable precautions, had no cause to doubt the authenticity of the mark, and disclosed everything within his knowledge about his source of supply when asked by the prosecutor.
- The accused establishes before the court that he acted innocently in dealing with the goods.
Section 486 IPC in the BNS
Section 486 IPC is now covered under Section 349 BNS.
Section 486 IPC corresponds to Section 349 BNS, with identical wording and the same punishment.
View detailed comparison (IPC 486 vs BNS 349) →FAQs on Section 486 IPC
What does Section 486 IPC punish?▼
Section 486 IPC punishes selling, exposing for sale, or possessing for sale any goods or things with a counterfeit property mark affixed to them or to their packaging.
What is the punishment prescribed under Section 486 IPC?▼
The court may award imprisonment of either description for a term which may extend to one year, or fine, or both.
Under Section 486 IPC, must the prosecution prove that the seller knew the mark was counterfeit?▼
No. The prosecution is not required to prove knowledge. The seller is liable unless he proves the statutory conditions set out in the section.
How can an accused person escape punishment under Section 486 IPC?▼
The accused must prove taking all reasonable precautions without reason to suspect the mark and providing supplier details on prosecutor demand, or prove that he otherwise acted innocently.
Is Section 486 IPC bailable and cognizable?▼
Section 486 IPC is bailable and non-cognizable under the First Schedule to the Code of Criminal Procedure, 1973.
Which court tries an offence under Section 486 IPC?▼
The offence is triable by any Magistrate.
Can an offence under Section 486 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 486 IPC placed in the Bharatiya Nyaya Sanhita?▼
It is placed in Section 349 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 · Last updated: 16 Oct 2026 ·