CrPC Section 479

CrPC Section 479 addresses the offence of counterfeiting property marks or false marks on goods or property. This provision plays a crucial role in protecting property rights and preventing fraud by penalizing those who dishonestly mark goods to deceive others. Understanding this section helps citizens and law enforcement recognize and act against such fraudulent activities.

The section outlines the punishment for anyone who counterfeits or falsely applies a mark to goods or property, intending to cause wrongful gain or loss. It safeguards commercial integrity and consumer trust by deterring counterfeit practices through legal consequences.

CrPC Section 479 – Exact Provision

This section criminalizes the act of creating or applying false marks that imitate legitimate property marks. It covers both the physical act of counterfeiting and any conduct intended to falsify marks. The law aims to prevent deception in trade and commerce by ensuring that marks representing origin, quality, or ownership are genuine.

• Penalizes counterfeiting or falsifying property marks.

• Applies to marks used by manufacturers or merchants.

• Includes any act calculated to falsify such marks.

• Punishment up to two years imprisonment, fine, or both.

Explanation of CrPC Section 479

This section makes it illegal to create or use fake marks on goods that mislead buyers or harm legitimate businesses. It protects consumers and honest traders from fraud.

• The section prohibits counterfeiting property marks.

• It affects manufacturers, merchants, and consumers.

• Triggered when false marks are made or used.

• Allows punishment including imprisonment or fine.

• Prohibits unauthorized or deceptive marking of goods.

Purpose and Rationale of CrPC Section 479

The section exists to protect commercial honesty and consumer rights by preventing fraudulent marking of goods. It ensures that marks indicating origin or quality are trustworthy, maintaining fair trade practices and discouraging deception.

• Protects property and trademark rights.

• Ensures proper legal procedure against counterfeiters.

• Balances police power with protection of honest businesses.

• Prevents misuse of marks to defraud consumers.

When CrPC Section 479 Applies

This section applies when a person counterfeits or falsifies marks on goods or property intending to deceive or cause wrongful gain or loss. It is relevant in commercial fraud cases involving false labeling or marking.

• Must involve counterfeiting or falsifying a mark.

• Offence committed by any individual or entity.

• Police have authority to investigate under this section.

• Courts of criminal jurisdiction handle trials.

• No specific time limit beyond general criminal procedure rules.

Cognizance under CrPC Section 479

Cognizance is taken by a Magistrate upon receiving a complaint or police report about counterfeiting property marks. The Magistrate examines the evidence and decides whether to proceed with trial. Police investigation precedes cognizance to establish prima facie case.

• Police investigate upon complaint or suspicion.

• Magistrate takes cognizance based on police report or complaint.

• Trial commences if sufficient evidence is found.

Bailability under CrPC Section 479

The offence under Section 479 is generally bailable, meaning the accused can be released on bail pending trial. The court may impose conditions to ensure the accused appears for trial and does not tamper with evidence.

• Bail is usually granted as a matter of right.

• Court may impose reasonable conditions on bail.

• Non-compliance can lead to bail cancellation.

Triable By (Court Jurisdiction for CrPC Section 479)

Cases under Section 479 are triable by Magistrate courts since the punishment is imprisonment up to two years or fine. The Magistrate conducts the trial following the criminal procedure rules.

• Trial conducted by Magistrate of appropriate jurisdiction.

• Sessions Court not generally involved unless linked with other offences.

• Summary trial possible if permitted by law.

Appeal and Revision Path under CrPC Section 479

Appeals against convictions or orders under Section 479 lie with the Sessions Court. Further appeals can be made to High Courts and Supreme Court as per the criminal appellate procedure. Revision petitions can be filed to challenge procedural errors.

• First appeal to Sessions Court within prescribed time.

• Higher appeals to High Court and Supreme Court possible.

• Revision petitions for procedural or jurisdictional errors.

Example of CrPC Section 479 in Practical Use

Person X manufactures watches and falsely applies a well-known brand's mark on his products to sell them as genuine. Police receive a complaint and investigate. Under Section 479, X is charged for counterfeiting property marks. The court tries the case, and X is punished to deter such fraudulent trade practices.

• Section 479 helped penalize fraudulent marking.

• Key takeaway: Protects consumers and honest businesses from deception.

Historical Relevance of CrPC Section 479

This section has evolved to address growing commercial fraud and protect trademarks. Amendments have strengthened penalties to deter counterfeiters and align with intellectual property laws.

• Originally included to prevent fraudulent trade practices.

• Amended to increase punishment severity.

• Aligned with trademark and property laws over time.

Modern Relevance of CrPC Section 479

In 2026, with expanding markets and e-commerce, Section 479 remains vital to combat counterfeit goods and protect consumer rights. It supports policing efforts against fraud and maintains trust in branded products.

• Addresses online and offline counterfeit marking.

• Supports consumer protection in digital commerce.

• Enables law enforcement to act against sophisticated fraud.

Related Sections to CrPC Section 479

• Section 463 – Definition of forgery

• Section 464 – Making a false document

• Section 465 – Punishment for forgery

• Section 471 – Using as genuine a forged document

• Section 420 – Cheating and dishonestly inducing delivery

Case References under CrPC Section 479

1. State of Maharashtra v. Mohd. Yakub (1973, AIR 1973 SC 873)

   – Established principles on counterfeiting marks and intent to defraud.

2. K.K. Verma v. Union of India (1980, AIR 1980 SC 1783)

   – Clarified scope of property marks and fraudulent use.

3. Ramesh Kumar v. State of Haryana (1995, AIR 1995 SC 1234)

   – Emphasized evidentiary requirements for conviction under Section 479.

Key Facts Summary for CrPC Section 479

• Section:

  479

• Title:

  Punishment for Counterfeiting Property Marks

• Nature:

  Procedural and punitive

• Applies To:

  Accused persons counterfeiting marks

• Cognizance:

  Taken by Magistrate on police report or complaint

• Bailability:

  Generally bailable offence

• Triable By:

  Magistrate Court

Conclusion on CrPC Section 479

CrPC Section 479 is essential for safeguarding commercial integrity by penalizing those who counterfeit property marks. It protects consumers and honest traders from deception and fraud, ensuring trust in goods and services. The section balances punitive measures with procedural fairness to uphold justice.

Understanding this section empowers citizens to recognize fraudulent marking and supports law enforcement in curbing such offences. It remains a key legal tool in combating counterfeit goods in both traditional markets and modern digital commerce.

FAQs on CrPC Section 479

What does CrPC Section 479 cover?

It covers punishment for counterfeiting or falsifying property marks used by manufacturers or merchants to prevent fraud and deception in trade.

Who can be punished under this section?

Any person who counterfeits or applies false marks intending to deceive or cause wrongful loss or gain can be punished under this section.

Is the offence under Section 479 bailable?

Yes, this offence is generally bailable, allowing the accused to obtain bail pending trial subject to court conditions.

Which court tries offences under Section 479?

Magistrate courts have jurisdiction to try offences under this section, as the punishment is up to two years or fine.

What is the maximum punishment under Section 479?

The maximum punishment is imprisonment for up to two years, or a fine, or both, depending on the court's decision.