Bharatiya Nyaya Sanhita, 2023 · Chapter XVIII: Of Offences Relating to Documents and to Property Marks · Of property marks
Section 349: Selling goods marked with a counterfeit property mark
In plain words
Selling, displaying or holding for sale goods bearing a counterfeit property mark, on the goods or their packaging, is punishable with up to one year in prison, or a fine, or both.
- It is a defence to prove that you took all reasonable precautions and had no reason to suspect the mark, and gave the prosecutor all the information you could about your supplier, or that you otherwise acted innocently.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 349
No Supreme Court judgment in our database cites this section yet.