Selling goods marked with a counterfeit property mark
What this section does
Penalises selling, exposing for sale, or possessing for sale goods bearing a counterfeit property mark. The accused has a statutory defence if they prove they took all reasonable precautions, had no reason to suspect the mark's genuineness, cooperated with the prosecutor on demand, or otherwise acted innocently.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 1 year, or fine, or both.
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- Depends
Ingredients (what prosecution must prove)
- Accused sold, exposed for sale, or possessed for sale goods or things
- A counterfeit property mark was affixed to or impressed upon the goods or their receptacle
- Accused fails to establish any of the three statutory defences: (a) reasonable precautions and no reason to suspect, (b) full cooperation with the prosecutor on demand, or (c) innocent conduct generally
Practitioner note
The section places the burden of proving the statutory defences on the accused. All three defences are disjunctive — establishing any one is sufficient.
Derived from IPC s.486.
Read the official text
For the binding statutory text of BNS Section 349, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 349 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.