Section 349 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 349 of the Bharatiya Nyaya Sanhita (BNS), 2023, under Chapter XVIII: Offences Relating to Documents & Property Marks:
📜 Section 349 – Selling Goods Marked with a Counterfeit Property Mark
Offence Defined:
Whoever sells, offers for sale, or possesses for sale any goods with a counterfeit property mark affixed—whether directly on the goods or on their packaging—commits the offence, unless they can establish certain conditions (sudhirrao.com).
🛡️ Defences Available
The accused can avoid liability by proving one of the following at the time of the offence:
(a) They took all reasonable precautions and thus had no reason to suspect the mark was counterfeit.
(b) They cooperated with the prosecution by providing all known supplier information.
(c) They otherwise acted innocently—i.e., without fraudulent intent .
⚖️ Punishment & Legal Classification
Imprisonment: Up to 1 year (simple or rigorous)
Fine: At the court’s discretion
Or both (sudhirrao.com)
Cognizable: ✅ Non-cognizable—arrest only via warrant (lawrato.com)
Bailable: ✅ Bailable
Triable by: Any Magistrate (lawrato.com)
🔍 Context & Comparison
Falls under the same chapter as Sections 347–348, targeting offences related to property mark fraud.
This mirrors prior IPC provisions on trade mark falsification but is now explicitly codified for packaging/branding fraud under BNS (sudhirrao.com).
The inclusion of packaging marks reflects modern commerce, protecting both brands and consumers from counterfeit goods.
✅ At-a-Glance Summary
| Feature | Details |
|---|---|
| Offence | Selling or possessing goods with fake property marks |
| Punishment | Up to 1 year imprisonment and/or fine |
| Defences | Due diligence, supplier info, innocent conduct |
| Cognizable | No (warrant required) |
| Bailable | Yes |
| Tried by | Any Magistrate |
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