Bharatiya Nyaya Sanhita 2023
Section 349 :
Selling goods marked with a counterfeit property mark :
(See section 486 of IPC 1860)
Section : 349
Classification of Offence:
Offence : Knowingly selling goods marked with a counterfeit property mark.
Punishment : Imprisonment for 1 year, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person to whom loss or injury is caused by such use.
By Which Court Triable : Any Magistrate.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 486 :
Selling goods marked with a counterfeit property mark:
(See section 349 of BNS 2023)
Classification of Offence:
Offence: Knowingly selling goods marked with a counterfeit property mark.
Punishment :Imprisonment for 1 years, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The person to whom loss or injury is caused by such use.
By Which Court Triable :Any Magistrate.
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1.[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.
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1. Subs. by Act 43 of 1958, s. 135 and the Sch., for certain words (w.e.f. 25-11-1959).