1[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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Non-compoundable.

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1. Subs. by Act 4 of 1889, sec. 3, for the original section 489.

1[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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Non-compoundable.

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1. Subs. by Act 4 of 1889, sec. 3, for the original section 488.

1[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, unless he 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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Non-compoundable.

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1. Subs. by Act 4 of 1889, sec. 3, for the original section 487.

1[486. Selling goods marked with a counterfeit property mark.—2[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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cogniza­ble—Bailable—Triable by any Magistrate—Compoundable by the person whose trade or property mark is counterfeited with the permission of the court.

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1. Subs. by Act 4 of 1889, sec. 3, for the original section 486.

2. Subs. by Act 43 of 1958, sec. 135 and Sch., for certain words (w.e.f. 25-11-1959).

1[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.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

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1. Subs. by Act 43 of 1958, sec. 135 and Sch., for the original section 485 (w.e.f. 25-11-1959).