INDIAN KANOON SECTION 483 IPC - Indian Penal Code - Counterfeiting a property mark used by another
Description
Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Applicable Offences
Counterfeiting a property mark used by another, with intent to cause damage or injury Punishment - 2 Years or Fine or Both This is a Bailable, Non-Cognizable offence and triable by Any Magistrate
This offence is compoundable by The person to whom loss or injury is caused by such use .
1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.
2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court
3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.
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