eCourtsIndia
IndiaCode Laws
Section486
The Indian Penal Code, 1860

Selling goods marked with a counterfeit property mark

Repealed From 01 Jan 1862 Act 45 of 1860 As on 16 Oct 2026

Act 45 of 1860 Ministry Home Affairs Enacted 06 Oct 1860 In force 01 Jan 1862 Cited by 10 provisions

This provision is repealed. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 486 of the Indian Penal Code, 1860 deals with 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 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 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.

Section 486, The Indian Penal Code, 1860 (Act 45 of 1860).

Now in the Bharatiya Nyaya Sanhita

BNS 349 Selling goods marked with a counterfeit property mark Text carried over almost unchanged 100%

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 The repealed enactment still governs what happened while it was in force.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.

Referred to by 10

  1. Andhra Pradesh Excise Act s. 37
  2. Delhi Excise Act s. 2
  3. Gujarat Prohibition Act s. 78
  4. Karnataka Excise Act s. 29 Power to cancel or suspend licence, etc
  5. Karnataka Excise Act s. 37 Penalty for adulteration, etc., by licensed vendor or manufacturer 1[or any other person]1
  6. Karnataka Prohibition Act s. 70 Penalty for misconduct by licensed vendor or manufacturer
  7. Maharashtra Prohibition Act s. 78 Penalty for misconduct by licensed vendor or manufacturer
  8. Puducherry Excise Act s. 28
  9. Puducherry Excise Act s. 36
  10. Telangana Excise Act s. 73

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.

  1. Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC

    ADDL. CHIEF JUDICIAL MAGISTRATE, MAZGAON 24 Oct 2013 Persuasive (District Court - Metropolitan Magistrate)

    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 counterfeit goods for sale - Court held that prosecution failed to prove which was original product and which was duplicate

    Read the full order on eCourts India

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 486

What have the courts held on Section 486 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 counterfeit goods for sale - Court held that prosecution failed to prove which was original product and which was duplicate.

How do I find court cases under Section 486 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 486, section 486 IPC, section 486 of the Indian Penal Code. People searching for it also type ipc 486 details and ipc 486 in bns. 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 486 of the Indian Penal Code, and has it changed?

10 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 349 (Selling goods marked with a counterfeit property mark), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 486 of the Indian Penal Code come into force?

Section 486 of the Indian Penal Code, cited as IPC 486, 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

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.