The prosecution must prove the accused intended to defraud someone.

This section reverses that burden -- once a false property mark is shown to have been used, the accused must prove they did NOT intend to defraud.

Indian Penal Code, 1860

Section 482

repealed

Punishment for using a false property mark

Whoever uses 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.§

Why this exists

This section provides the actual penalty for the conduct defined in section 481. Unusually, it reverses the normal burden of proof: once it's shown that a false property mark was used, the accused must prove they had no fraudulent intent, rather than the prosecution having to prove intent -- reflecting how difficult it can otherwise be to prove someone's state of mind in marking cases. The IPC was repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023, which now governs these offences.

Common misconceptions

Myth: The prosecution must prove the accused intended to defraud someone.
Fact: This section reverses that burden -- once a false property mark is shown to have been used, the accused must prove they did NOT intend to defraud.