Section 462 of the Indian Penal Code (IPC)

Section 462 of the Indian Penal Code (IPC) deals with punishment for the offence of knowingly concealing the existence of a design that has been registered under the Designs Act, 2000. The section states that whoever knowingly conceals any such design that has been registered under the Designs Act shall be punished with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both.

Explanation of Section 462 of IPC
The Designs Act, 2000 provides for the registration and protection of industrial designs in India. Any person who registers a design under the Designs Act has exclusive rights over the use of that design for a period of ten years. Section 462 of the IPC provides protection to the registered design by penalizing anyone who knowingly conceals the existence of a registered design. This means that if a person has knowledge of a registered design but conceals it, they shall be punished under Section 462 of the IPC.

Punishment for Offence under Section 462 of IPC
The punishment for an offence under Section 462 of IPC is imprisonment for a term which may extend to six months, or with a fine which may extend to fifty thousand rupees, or with both.

Case Study
In the case of State of Haryana v. Dharam Pal, the accused was charged with the offence under Section 482 of the IPC for knowingly concealing the existence of a registered design. The accused had manufactured and sold a product that was identical to the registered design. The complainant, who was the owner of the registered design, had filed a complaint against the accused. The accused was convicted by the trial court, and the conviction was upheld by the High Court. The accused appealed to the Supreme Court, arguing that he had not concealed the existence of the registered design as it was known to him. However, the Supreme Court rejected his appeal and upheld the conviction.

Example
A is the owner of a registered design for a particular product. B, who is aware of the existence of the registered design, starts manufacturing and selling a product that is identical to the registered design. B does not disclose the existence of the registered design to anyone and continues to manufacture and sell the product. In this case, B can be charged under Section 462 of the IPC for knowingly concealing the existence of the registered design and can be punished with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both.

Conclusion
Section 462 of the Indian Penal Code provides for the punishment of anyone who knowingly conceals the existence of a registered design under the Designs Act, 2000. The section provides protection to the registered design by penalizing anyone who conceals its existence. The punishment for the offence under this section is imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both. It is essential to respect the intellectual property rights of others and not to knowingly infringe on them.

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Deals with the offence of dishonestly receiving stolen property

April 27, 2023/

Section 462 of the Indian Penal Code (IPC)

Indian Penal Code

Section 462 of the Indian Penal Code (IPC)

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