Punishment for making use of any such false mark
Section 488 of the Indian Penal Code, 1860 deals with 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. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 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.
Section 488, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 350 Making a false mark upon any receptacle containing goods Close, with changes 66%
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 The repealed enactment still governs what happened while it was in force.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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Most.lakhpatiya Devi vs State of Bihar
Court's Decision & Legal Precedent
In cases involving elderly female accused persons charged with fraud-related offenses, where the complainant's actual loss or cheating is disputed or not clearly established, bail may be granted on compassionate grounds with appropriate conditions including bail bond and sureties, subject to compliance with Section 438(2) of the Criminal Procedure Code.
On this section: Wrongful gain - Alleged wrongful gain from the fraudulent transaction
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 488
What have the courts held on Section 488 of the Indian Penal Code?
Most.lakhpatiya Devi vs State of Bihar (21 Jul 2010) is the leading judgment on this section among those set out below: Wrongful gain - Alleged wrongful gain from the fraudulent transaction.
How do I find court cases under Section 488 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 488, section 488 IPC, section 488 of the Indian Penal Code. People searching for it also type ipc 488 section 2002 and ipc 488a. 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 Most.lakhpatiya Devi vs State of Bihar (21 Jul 2010).
What should I read with Section 488 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 350 (Making a false mark upon any receptacle containing goods), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 488 of the Indian Penal Code come into force?
Section 488 of the Indian Penal Code, cited as IPC 488, 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.