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 addresses the sale or possession of goods marked with counterfeit property marks and outlines the defenses available to the accused.
A1: This section prohibits selling, exposing, or possessing goods marked with a counterfeit property mark without due diligence.
A2: A person must prove they took reasonable precautions, had no reason to suspect the mark was counterfeit, provided information about the source of the goods when requested, or acted innocently.
A3: The penalties include imprisonment for up to one year, or a fine, or both, depending on the circumstances of the offense.
A4: Establishing innocent action involves showing that the individual had no intention to defraud and took steps to ensure the authenticity of the goods.
If a shopkeeper sells a product with a counterfeit property mark but can show he verified the authenticity of the mark with the supplier, he may avoid penalties under this section.
Section 349 of the Bharatiya Nyaya Sanhita focuses on the prohibition of selling goods marked with counterfeit property marks and details the defenses available to the accused.
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