IPC Section 28
โ๏ธ Section 28 of the Indian Penal Code โ "Counterfeit"
๐ Legal Wording (Simplified):
A person is said to "counterfeit" who causes one thing to resemble another thing, with the intention of practicing deception, or knowing it is likely to deceive.
๐ Key Elements of Section 28:
Act of Resemblance:
The person makes one item look like another.
Example: Making fake currency notes that look like real ones.
Intention or Knowledge:
The person must either:
Intend to deceive someone, or
Know that the resemblance is likely to deceive.
The actual success of the deception is not necessary โ the intention or likelihood is enough.
Scope:
The definition applies whether or not the counterfeit is complete or perfect.
Even a partially completed counterfeit item is considered "counterfeit" if it meets the above criteria.
๐ Illustrations (Examples):
Fake Currency:
A person prints notes that look like โน500 currency notes of the RBI.
Even if the color is slightly off but itโs enough to confuse a person, it's counterfeiting.
Fake Trademark:
A manufacturer copies the logo of a popular shoe brand to sell his own shoes.
He is counterfeiting the brand.
Fake Signature:
Forging someoneโs signature on a cheque or document can also be considered counterfeiting under certain contexts.
โImportant Notes:
Intent matters: If someone copies something unknowingly and without intent to deceive, it is not considered counterfeiting.
Preparation can be enough: If a person begins making a counterfeit item with the intent to deceive, even if incomplete, it may still fall under this section.
Used in other sections: Section 28 only defines "counterfeit"; actual punishments are specified in other sections (like Section 489A for counterfeit currency).
โ Conclusion:
Section 28 IPC defines "counterfeit" as making something resemble another thing with the intent or likelihood to deceive. It plays a key role in punishing crimes like forgery, fake currency, fake products, and misrepresentation. It focuses on deception through imitation โ not whether the imitation is perfect, but whether it can deceive.
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