Making a false mark upon any receptacle containing goods
What this section does
Penalises making a false mark on any receptacle containing goods in a manner likely to mislead a public servant or any person about the nature, quality, or contents of the goods. Sub-section (2) extends the same punishment to anyone who uses such a false mark. In both cases the accused may escape liability by proving absence of intent to defraud.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 3 years, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- Depends
Ingredients (what prosecution must prove)
- Accused made a false mark on a case, package or other receptacle containing goods (sub-section 1), or used such a false mark (sub-section 2)
- The mark was reasonably calculated to cause a public servant or any person to believe the receptacle contained goods it did not contain, or did not contain goods it did contain, or that the goods were of a different nature or quality
- Accused fails to prove he acted without intent to defraud (reverse burden)
Practitioner note
Sub-section (2) creates a derivative offence for mere use of a false mark already made by another, punished identically to making it. The reverse burden on intent to defraud mirrors the approach in sections 345 and 349.
Derived from IPC s.487.
Read the official text
For the binding statutory text of BNS Section 350, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 350 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.