350. (1) Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1).
BNS Section 350: Making a false mark upon any receptacle containing goods
Section 350 of the Bharatiya Nyaya Sanhita, 2023 deals with making a false mark upon any receptacle containing goods. It replaces IPC 487, IPC 488 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 350(1) is non-cognizable and bailable; 350(2) is non-cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 350(1) | Fraudulently making a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods, which it does not contain, etc. | Imprisonment for 3 years, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
| 350(2) | Making use of any such false mark. | Imprisonment for 3 years, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 350
IPC sections replaced
- IPC 487: Making a false mark upon any receptacle containing goods
- IPC 488: Punishment for making use of any such false mark
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