BNS Section 349: Selling goods marked with a counterfeit property mark
Bharatiya Nyaya Sanhita, 2023 · Chapter 18: Of Offences Relating to Documents and to Property Marks - Of property marks
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¶349. 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.
Study: explanations and related material
Replaces IPC 486. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)
Punishment, bail and trial
349Knowingly selling goods marked with a counterfeit property mark.
- Punishment
- Imprisonment for 1 year, or fine, or both.
- Cognizable or not
- Non‑cognizable
- Bailable or not
- Bailable
- Triable by
- Any Magistrate
Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 188. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 335. Making a false document
- 336. Forgery
- 337. Forgery of the record of a Court or of a public register, etc
- 338. Forgery of a valuable security, will, etc
- 339. Having possession of a document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
- 340. Forged document or electronic record and using it as genuine
- 341. Making or possessing a counterfeit seal, etc., with intent to commit forgery punishable under section 338
- 342. Counterfeiting a device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
- 343. Fraudulent cancellation, destruction, etc., of a will, authority to adopt, or valuable security
- 344. Falsification of accounts
- 345. Property mark
- 346. Tampering with a property mark with the intent to cause injury
- 347. Counterfeiting a property mark
- 348. Making or possession of any instrument for counterfeiting a property mark
- 350. Making a false mark upon any receptacle containing goods