Bharatiya Nyaya Sanhita, 2023
Section 349 BNS: Selling Goods Marked With a Counterfeit Property Mark
Section 349 BNS applies when a person sells goods, exposes goods for sale, or has goods in possession for sale where a counterfeit property mark is affixed to or impressed upon the goods, things, case, package or other receptacle containing them.
Acts Covered by Section 349 BNS
- selling goods or things bearing a counterfeit property mark;
- exposing such goods or things for sale; or
- having such goods or things in possession for sale.
The provision therefore applies even before a completed sale where the goods are exposed or held for sale.
Where the Counterfeit Property Mark May Appear
The counterfeit property mark may be affixed to or impressed upon the goods or things themselves, or upon any case, package or other receptacle in which they are contained.
For the meaning of a property mark, see Section 345 BNS.
Statutory Defences Under Section 349
Clause (a): Reasonable precautions and no reason to suspect
The accused may prove that, having taken all reasonable precautions against committing an offence under Section 349, he had at the time of the alleged offence no reason to suspect the genuineness of the mark.
Clause (b): Information about the source of the goods
On demand by or on behalf of the prosecutor, the accused must have given all information in his power concerning the persons from whom he obtained the goods or things.
Clause (c): Otherwise acted innocently
The provision also recognises a defence where the accused proves that he otherwise acted innocently.
Essential Ingredients of Section 349 BNS
- there must be goods or things bearing a counterfeit property mark, directly or on their case, package or other receptacle;
- the accused must sell, expose for sale, or possess for sale those goods or things; and
- the statutory defence structure in clauses (a) to (c) must be considered on the facts and evidence.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| Section 349 BNS | Imprisonment of either description up to 1 year, or fine, or both | No | Yes | Any Magistrate |
Compounding Under the BNSS
The BNSS compounding table lists Section 349 as compoundable by the person to whom loss or injury is caused by such use.
Difference Between Sections 347, 348 and 349 BNS
Section 347 deals with counterfeiting a property mark. Section 348 deals with making or possessing instruments for counterfeiting a property mark, or possessing a property mark for falsely denoting ownership. Section 349 focuses on sale-related dealing in goods carrying a counterfeit property mark.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult the official India Code, NCRB and Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
Does Section 349 apply only after an actual sale?
No. It also covers exposing goods for sale and possessing goods for sale.
Can the counterfeit mark be on the package instead of the goods?
Yes. The section expressly covers the case, package or other receptacle containing the goods.
What is the punishment under Section 349?
Imprisonment up to one year, or fine, or both.
Is Section 349 cognizable?
No. It is non-cognizable.
Is Section 349 bailable?
Yes. It is bailable.
Which court can try Section 349?
Any Magistrate.
Can Section 349 be compounded?
Yes. The BNSS compounding table lists it as compoundable by the person to whom loss or injury is caused by such use.
This page provides general legal information. Application of Section 349 depends on the nature of the mark, whether the goods were sold, exposed or possessed for sale, the statutory defence evidence, and the facts of the individual case.