BNS Section 349 — Selling goods marked with a counterfeit property mark

CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

Criminal

Summary

Whoever sells, exposes for sale, or has in possession for sale any goods or things that have a counterfeit property mark affixed to or impressed upon the goods themselves, or upon any case, package, or other receptacle containing those goods, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both, unless he proves one of the following defences.

Under clause (a), the person must prove that he took all reasonable precautions against committing an offence under this section, and that at the time of the alleged offence he had no reason to suspect the genuineness of the mark.

Under clause (b), the person must prove 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.

Under clause (c), the person must prove that otherwise he had acted innocently.

Official Text

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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
  • SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • IPC §486 — Selling goods marked with a counterfeit property mark