349
349
Selling goods marked with a counterfeit property mark
Bharatiya Nyaya Sanhita, 2023
Chapter XVIII Of Offences Relating to Documents and to Property Marks
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCounterfeitingFraudConsumer ProtectionMinor Offence
🗣️ Simple Explanation
What does this law say?
Section 349 of the BNS says it's illegal to sell or have for sale goods with fake property marks. This means if you sell something with a fake brand name or logo, you're breaking the law. However, if you can prove you didn't know the mark was fake, you might not be punished.
Why does this law exist?
This law protects consumers from buying fake products. It stops people from selling counterfeit goods. It also protects businesses and their brands.
Real-life impact
This law stops people from selling fake products. Think of fake designer bags or electronics. It protects consumers from being tricked. It also helps businesses protect their brand reputation.
What happens if you break this law?
If you break this law, you could go to jail for up to one year. You might also have to pay a fine, or both. The police can arrest you without a warrant.
⚖️ Punishment
Imprisonment up to one year, or fine, or both.
💡 Real Life Example
Priya sells fake branded clothes at a market stall. She could face jail time and a fine. Amit sells a phone with a fake logo. He could be arrested and punished. Rahul unknowingly sells a product with a counterfeit mark.
🛡️ KNOW YOUR RIGHTS
- •Seek legal advice immediately.
- •Gather evidence to prove you didn't know the mark was fake.
- •Cooperate with the police investigation.
- •Refuse to make a statement without a lawyer present.
❓ FREQUENTLY ASKED QUESTIONS
Section 349 of the BNS makes it illegal to sell or have for sale goods with fake property marks. This includes brand names, logos, and other identifying marks. However, if you can prove you didn't know the mark was fake, you might not be punished. This section replaces the old law.
If you break Section 349, you could go to jail for up to one year. You might also have to pay a fine, or both. The police can arrest you without a warrant. This ensures quick action against those selling fake goods.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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