Making or possession of any instrument for counterfeiting a property mark
Section 485 of the Indian Penal Code, 1860 deals with 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 proper 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a proper 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.]
Section 485, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 348 Making or possession of any instrument for counterfeiting a property mark Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC
Court's Decision & Legal Precedent
To secure conviction under Sections 483, 485, 486, 487 of IPC and Sections 103, 104 of Trade Mark Act and Section 63 of Copyright Act, the prosecution must prove: (1) that the trade mark or copyright is registered with statutory authorities; (2) that the property was properly seized from the accused with adherence to procedural requirements including panch witness corroboration and accused's signature on seizure memo; (3) that the accused was present and identified at the time of seizure; (4) that the property was properly labeled, numbered and sealed; (5) that specific individuals were deceived and induced to purchase duplicate products; and (6) that the accused was involved in making or possessing counterfeit marks or instruments. Failure to prove any of these essential ingredients results in acquittal.
On this section: Possession of instrument for counterfeiting mark - Court found no evidence of accused possessing any die, plate or other instrument for counterfeiting
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 485
What have the courts held on Section 485 of the Indian Penal Code?
Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC (24 Oct 2013) is the leading judgment on this section among those set out below: Possession of instrument for counterfeiting mark - Court found no evidence of accused possessing any die, plate or other instrument for counterfeiting.
How do I find court cases under Section 485 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 485, section 485 IPC, section 485 of the Indian Penal Code. People searching for it also type ipc 485 meaning and 485 ipc punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC (24 Oct 2013).
What should I read with Section 485 of the Indian Penal Code, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 348 (Making or possession of any instrument for counterfeiting a property mark), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 485 of the Indian Penal Code come into force?
Section 485 of the Indian Penal Code, cited as IPC 485, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.