Tampering with Property Mark with Intent to cause Injury - Section 489
Chapter eighteen of the Indian Penal Code talks about the offences relating to documents and to property marks. Property Marks are basically some specific signs that are marked on the goods or the containers that contain goods or any movable property to show that such property is owned by a specific person. We are going to discuss which section of the Indian Penal Code talks about this and other relevant facts or crimes which are associated with property marks and what happens if a person makes any type of change or alteration on the property mark? Property Mark: Section 479 of the Indian Penal Code talks about property mark, it states when any mark put on any movable property to show that it belongs to any specific person called a property mark. What happens when someone makes or uses any false property mark? Section 481 of the India Penal Code talks about this, it states that if someone uses any false property mark or mark on any movable property or anything which contain goods or movable property to show that such property belongs to him/her but actually it does not belong to him/her is called that person used false property mark. The two main ingredients of this section are: Marking any movable property or container containing goods or movable property. The marking is in such a way that it makes other people believe that he is the owner of that movable property. If someone commits an offence under section 481 of the Indian Penal Code then that person would be punished under section 482 of the Indian Penal Code and the punishment would be either imprisonment for up to one year or fine or both. Consult the best lawyer online Trade Mark and Property Mark: Under English Law, the distinction is not made or shown between Trade Mark and Property Mark. But in India Trade Mark and Property Mark are different. According to Indian Law Trade Mark is the mark of the manufacturer or quality of the goods whereas Property Mark is the Mark that shows that the particular goods or movable property belong to a certain or specific person. What happens if someone tampers with the Property Mark? Section 489 of the Indian Penal Code deals with tampering of Property Mark, according to this section if someone with the intention to cause injury to someone, ruins or spoils or damage the property mark or if someone destroying or removing, or adding to any property mark with the intention to cause injury to the other person would be punished.
Tamper: Tamper in simple words means when someone damages or destroys or alters anything either to cause injury to someone or for his/her own benefit.
Illustration:
A made the payment for his goods contained in sacks which were marked with “PS” as property mark but his rival businessman B to cause him loss and injury changed alphabet “P” by making it “B” so the property mark will be changed to “BS” from “PS”. B has committed under section 489 of the Indian Penal Code by tampering with the property mark to cause injury to A.
B and C were best friends and they started a business together, they had a fight and they broke their partnership B’s business did not suffer much loss due to division of the business but C’s business started going in loss, so C wanted to make B suffer loss in business, C knew that B’s consignment was on their way he went to the place and on the consignment “star sign with capital S” was marked as property mark C removed the star sign and the consignment was sent to some other place due to the “S” mark and B suffered the loss for not receiving the consignment on time. C has committed offence under section 489 of the Indian Penal Code by removing the part of the property mark.
Ram is a dealer of sarees, Shyam is his relatives who like to see Ram in trouble, Mohan orders Ram to send him 1000 Banarasi sarees for a function at the venue. Ram packed 1000 sarees and marked it with “RS” which was his property mark, Shyam removed R mark from the packed order and the order went to the same venue but received by some other party and due to the change in the property mark it creates confusion and by the time it reached to the person who made the order it was too late so he canceled the order and returned it and Ram suffered the loss. Shyam has committed offence under section 489 of the Indian Penal Code.
What is the punishment if someone commits the offence under section 489 of the Indian Penal Code?
If a person is charged under section 489 of the Indian Penal Code then that person would be punished either with imprisonment for up to one year or fine or both.
IPC Section 489 is a bailable and non-cognizable offence. It can be tried in front of any magistrate who has jurisdiction over the matter
Get in touch with the best lawyer online
Case laws:
K.Hasim v.State of Tamil Nadu: In this case, the Court held that section 489-A covers a complete act, and if a person or accused had performed any part in the counterfeiting process is also covered under section 489-A.
State of Kerala v. Mathai Verghese: In this case, the Court held that under section 489-A of the Indian Penal Code states that the prohibition against counterfeiting of currency notes, is not just about Indian Currency but it talks about all other countries’ currency. And that has to be the intention of the legislature if he/she only wanted to talk about Indian Currency under that section he/she would have mentioned it specifically and it states that “currency notes”, this expression is wide enough to discuss the currency notes of any country.
Conclusion: Hence it is concluded that whoever makes any change by altering or removing or addition or destroy the property mark from the goods or from the containers that contain the goods to cause injury to the person that goods belong or the owner of the property is said to commit a crime under section 489 of the Indian Penal Code by tampering with the property mark and would be punished with imprisonment or fine or both.
This article was drafted by Ms. Charu Shrivastava, B.A.LLB(H), Galgotias University, Greater Noida. U.P.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Tampering with Property Mark with Intent to cause Injury | Imprisonment, up to 1 year or fine or both | non-cognizable | Bailable | Any Magistrate |
| Offence | Tampering with Property Mark with Intent to cause Injury |
|---|---|
| Punishment | Imprisonment, up to 1 year or fine or both |
| Cognizance | non-cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
