Of [i][* * *] property and other marks
478. Trade mark.
[ii][478. Trade mark.—[iii][Repealed]]
479. Property mark.
[iv][479. Property mark.—A mark used for denoting that movable property belongs to a particular person is called a property mark.]
480. Using a false trade mark.
[v][480. Using a false trade mark.—[vi][Repealed]]
481. Using a false property mark.
[vii][481. Using a false property mark.—Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.]
482. Punishment for using a false property mark.
[viii][482. Punishment for using a false property mark.—Whoever uses [ix][* * *] any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]
483. Counterfeiting a property mark used by another.
[x][483. Counterfeiting a property mark used by another.—Whoever counterfeits any [xi][* * *] property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
484. Counterfeiting a mark used by a public servant.
[xii][484. Counterfeiting a mark used by a public servant.—Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.]
485. Making or possession of any instrument for counterfeiting a property mark.
[xiii][485. 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 property 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.]
486. Selling goods marked with a counterfeit property mark.
[xiv][486. Selling goods marked with a counterfeit property mark.—[xv][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.]
487. Making a false mark upon any receptacle containing goods.
[xvi][487. Making a false mark upon any receptacle containing goods.—Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unlesshe proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.]
488. Punishment for making use of any such false mark.
[xvii][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.]
489. Tampering with property mark with intent to cause injury.
[xviii][489. Tampering with property mark with intent to cause injury.—Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.]
Of currency-notes and bank notes
489-A. Counterfeiting currency-notes or bank-notes.
[xix][489-A. Counterfeiting currency-notes or bank-notes.—Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with [xx][imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.—For the purposes of this section and of Sections 489-B, [xxi][489-C, 489-D and 489-E], the expression “bank-note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for, money.
489-B. Using as genuine, forged or counterfeit currency-notes or bank-notes.
489-B. Using as genuine, forged or counterfeit currency-notes or bank-notes.—Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with [xxii][imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
489-C. Possession of forged or counterfeit currency-notes or bank-notes.
489-C. Possession of forged or counterfeit currency-notes or bank-notes.—Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
489-D. Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes.
489-D. Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes.—Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with [xxiii][imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.]
489-E. Making or using documents resembling currency-notes or bank-notes.
[xxiv][489-E. Making or using documents resembling currency-notes or bank-notes.—(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees.
(2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees.
(3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made.]
Chapter XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
490. Breach of contract of service during voyage or journey.
490. Breach of contract of service during voyage or journey.—[xxv][Repealed]
491. Breach of contract to attend on and supply wants of helpless person.
491. Breach of contract to attend on and supply wants of helpless person.—Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.
492. Breach of contract to serve at distant place to which servant is conveyed at master's expense.
492. Breach of contract to serve at distant place to which servant is conveyed at master's expense.—[xxvi][Repealed]
References
[i] The word “Trade,” omitted by Act 43 of 1958, S. 135 and Sch. (w.e.f. 25-11-1959).
[ii] S. 478 was earlier Substituted by Act 4 of 1889, S. 3.
[iii] Repealed by Act 43 of 1958, S. 135 and Sch.
[iv] Substituted by Act 4 of 1889, S. 3, for the original section.
[v] S. 480 was earlier Substituted by Act 4 of 1889, S. 3.
[vi] Repealed by Act 43 of 1958, S. 135 and Sch. Earlier S. 480 was substituted by Act 4 of 1889, S. 3.
[vii] Substituted by Act 4 of 1889, S. 3, for the original section.
[viii] Substituted by Act 4 of 1889, S. 3, for the original section.
[ix] The words “any false trade mark or” omitted by Act 43 of 1958, S. 135 and Sch., (w.e.f. 25-11-1959).
[x] Substituted by Act 4 of 1889, S. 3, for the original section.
[xi] The words “trade mark or” omitted by Act 43 of 1958, S. 135 and Sch., (w.e.f. 25-11-1959).
[xii] Substituted by Act 4 of 1889, S. 3, for the original section.
[xiii] Substituted by Act 43 of 1958, S. 135 and Sch. (w.e.f. 25-11-1959). Earlier S. 135 was Substituted by Act 4 of 1889, S. 3, for the original section.
[xiv] Substituted by Act 4 of 1889, S. 3, for the original section.
[xv] Substituted by Act 43 of 1958, S. 135 and Sch. for “Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade mark or property mark” (w.e.f. 25-11-1959).
[xvi] Substituted by Act 4 of 1889, S. 3, for the original section.
[xvii] Substituted by Act 4 of 1889, S. 3, for the original section.
[xviii] Substituted by Act 4 of 1889, S. 3, for the original section.
[xix] Ss. 489-A to 489-D were Inserted by Act 12 of 1899, S. 2.
[xx] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
[xxi] Substituted by Act 35 of 1950 for “489-C and 489-D”.
[xxii] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
[xxiii] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
[xxiv] S. 489-E was Inserted by Act 6 of 1943, S. 3.
[xxv] Repealed by the Act 3 of 1925, S. 2 and Sch.
[xxvi] Repealed by the Act 3 of 1925, S. 2 and Sch.
