BNS Section 349 – Selling goods marked with a counterfeit property mark
The Indian Penal Code (IPC) Section – 486
Understanding Bharatiya Nyaya Sanhita (BNS) Section 349: Selling Goods with Counterfeit Property Marks
This law deals with selling or possessing goods that have fake property marks. Here’s a simple breakdown:
What is the Crime?
If a person:
- Sells or exposes for sale any goods with a counterfeit property mark,
- Or has such goods in their possession for sale,
they are committing a crime under this section.
Punishment: Up to 1 year in jail OR fine OR both.
Key Points in Simple Table
| Crime | Punishment | Police Action | Bail? | Trial Court |
|---|---|---|---|---|
| Selling or possessing goods with counterfeit property marks | Up to 1 year jail OR fine OR both | Non-cognizable | Bailable | Any Magistrate |
What Does “Counterfeit Property Mark” Mean?
- Property Mark: A symbol, label, or sign used to show ownership or certify the quality of goods.
- Counterfeit: A fake or imitation of such a mark.
Exceptions to the Crime
A person will not be punished if they can prove:
- They took all reasonable steps to avoid committing the crime and had no reason to suspect the mark was fake.
- They provided all information about the source of the goods when asked by the prosecutor.
- They acted innocently and had no intention to commit fraud.
Why is This Law Important?
- Selling goods with fake marks deceives customers and harms genuine businesses.
- This law ensures that those who knowingly sell counterfeit goods are punished.
Real-Life Examples
- Example 1: Ramesh sells shoes with a fake brand logo, knowing it is counterfeit. He can face up to 1 year in jail or a fine or both.
- Example 2: Priya has counterfeit handbags with fake luxury brand marks in her shop for sale. She can be punished with up to 1 year in jail or a fine or both.
Conclusion
BNS Section 349 strictly punishes those who sell or possess goods with counterfeit property marks. The punishment can be up to 1 year in jail, a fine, or both. Always ensure that the goods you sell have genuine marks to avoid legal trouble.
