IPC Section 231

IPC Section 231 – Using false property mark

Text of Section 231 IPC:

Whoever knowingly applies to any article of goods, or to any package or receptacle containing goods, a false property mark, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

πŸ” Explanation:

Section 231 deals with the offence of applying a false property mark on goods or their packaging.

Key Elements of Section 231:

Application of a property mark:

A property mark is a mark or symbol used to indicate ownership or origin of goods.

This could be a brand, label, trademark, or any distinguishing mark.

False property mark:

The property mark applied is false or forged.

It misleads others about the ownership, quality, or origin of the goods.

Knowingly:

The offender must have the knowledge that the property mark is false.

It’s a deliberate act, not accidental.

On goods or packaging:

The false mark can be applied directly on the goods, or

On the package or container in which the goods are kept.

πŸ“Œ Punishment:

Imprisonment (rigorous or simple) for up to 3 years, or

Fine, or

Both.

Purpose of Section 231:

To protect property rights and prevent fraud.

To stop people from misrepresenting ownership or quality of goods.

To safeguard buyers and legitimate owners from deception.

Example:

A person takes a batch of goods made by another manufacturer and puts their own brand label or mark on the goods, falsely claiming ownership. If they do this knowingly, they can be punished under Section 231.

Related Sections:

Section 232 – Using false trade description.

Section 233 – Fraudulent removal or concealment of property mark.

The Trademark Act – Deals with registration and protection of trademarks.

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