Bharatiya Nyaya Sanhita, 2023

BNS Section 349

Selling goods marked with a counterfeit property mark

In one line

BNS Section 349 deals with selling goods marked with a counterfeit property mark and replaces IPC 486.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
349Knowingly selling goods marked with a counterfeit property mark.Imprisonment for 1 year, or fine, or both.Non-cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 349

349. Selling goods marked with a counterfeit property mark.

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.

Frequently asked

What was BNS Section 349 in the IPC?

BNS Section 349 (Selling goods marked with a counterfeit property mark) replaces Section 486 of the Indian Penal Code, 1860. IPC 486 is now BNS 349.

What is the punishment under BNS 349?

Knowingly selling goods marked with a counterfeit property mark – punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 349 bailable?

Bailable: BNS 349. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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