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.
BNS Section 349: Selling goods marked with a counterfeit property mark
Section 349 of the Bharatiya Nyaya Sanhita, 2023 deals with selling goods marked with a counterfeit property mark. It replaces IPC 486 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 349 is non-cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 349 | Knowingly selling goods marked with a counterfeit property mark. | Imprisonment for 1 year, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 349
IPC sections replaced
- IPC 486: Selling goods marked with a counterfeit property mark
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