Section 488 IPC: Punishment for making use of any such false mark

Indian Penal Code, 1860

Section 488 IPC at a Glance

Section 488 IPC deals with punishment for making use of any such false mark. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 350(2) BNS.

Punishment

Imprisonment of either description for a term which may extend to three years, or fine, or both, as for Section 487 IPC.

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

Section 350(2) →

Section 488 IPC Bare Act Text

488. Punishment for making use of any such false mark

Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.

Source: Section 488, Indian Penal Code, 1860

Section 488 IPC in Simple Words

Section 488 of the Indian Penal Code (IPC) punishes making use of any false mark upon a case, package or other receptacle containing goods in any manner prohibited by Section 487 IPC. The user is punished as if he had committed the offence under Section 487 IPC, unless he proves that he acted without intent to defraud.

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 any Magistrate, and not compoundable under Section 320 CrPC.

Ingredients of Section 488 IPC

  • A false mark of the description prohibited by Section 487 IPC was upon a case, package or other receptacle containing goods
  • The accused made use of that false mark in a manner prohibited by Section 487 IPC
  • The accused does not prove that he acted without intent to defraud

Punishment Under Section 488 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three years, or fine, or both, as for Section 487 IPC.

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 ⓘ🏛️ Any Magistrate ⓘ

Making use of a false mark on a receptacle containing goods carries imprisonment of either description for up to three years, or fine, or both, as for Section 487 IPC.

Example of Section 488 IPC

In 2019 at an oil depot in Indore, wooden barrels filled with blended cottonseed oil had already been stencilled by a supplier with a false mark stating that they contained pure mustard oil. Harish, a wholesale merchant, took custody of those marked barrels and sold them to retail grocers as barrels of pure mustard oil. Harish did not place the false mark on the barrels himself, but he made use of that false mark in a manner prohibited by Section 487 IPC. Harish failed to prove that he acted without intent to defraud. Harish is punishable under Section 488 IPC.

When Section 488 IPC Does Not Apply

  • The mark on the container or receptacle truthfully states the actual nature, quality, and quantity of the goods inside.
  • The accused never used the false mark on the receptacle in any way prohibited by Section 487 IPC.
  • The mark on the receptacle is not calculated to make anyone believe that the contents or their quality are different from what they really are.
  • The accused establishes that he used the marked receptacle without any intention to defraud.

Section 488 IPC in the BNS

Section 488 IPC is now covered under Section 350(2) BNS.

Section 488 IPC corresponds to Section 350(2) BNS. The text updates the reference from the last foregoing section to Section 350(1) BNS and refers to any false mark, while retaining identical punishment as for Section 350(1) BNS.

View detailed comparison (IPC 488 vs BNS 350(2)) →

FAQs on Section 488 IPC

What does Section 488 IPC punish?▼

Section 488 IPC punishes making use of any false mark upon a receptacle containing goods in the manner prohibited by Section 487 IPC.

What is the punishment prescribed under Section 488 IPC?▼

The offender is punished as if he had committed the offence under Section 487 IPC, which carries imprisonment of either description for up to three years, or fine, or both.

Under Section 488 IPC, must the user have made the false mark himself?▼

No. Section 488 IPC applies to anyone who makes use of the false mark, even if another person made or stamped the mark.

Must the prosecution prove an intent to defraud under Section 488 IPC?▼

No. The user is liable unless he proves that he acted without intent to defraud.

Is Section 488 IPC bailable and cognizable?▼

Section 488 IPC is bailable and non-cognizable under the First Schedule to the Code of Criminal Procedure, 1973.

Which court tries an offence under Section 488 IPC?▼

The offence is triable by any Magistrate.

Can an offence under Section 488 IPC be compounded?▼

No. Section 488 IPC is not listed in Section 320 CrPC and cannot be compounded.

Where is Section 488 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 350(2) 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 ·