IPC 486→BNS 349

IPC 486 to BNS 349: Selling goods marked with a counterfeit property mark

Section 486 IPC (1860) replaced by Section 349 BNS (2023)

View IPC Section 486 →View BNS Section 349 →

IPC 486 to BNS 349 at a Glance

Section 486 IPC (Selling goods marked with a counterfeit property mark) is now Section 349 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 486 to BNS 349?

Section 486 IPC corresponds to Section 349 BNS, with identical wording and the same punishment.

IPC 486 vs BNS 349: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section486349
OffenceSelling goods marked with a counterfeit property markSame
PunishmentImprisonment of either description for a term which may extend to one year, or fine, or both.Same
FineThe court may impose a fine alone, or fine in addition to imprisonment. The statute specifies no upper limit.Same
BailBailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByAny MagistrateSame

IPC 486 and BNS 349: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 486, IPC 1860

486. 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.
BNS 2023 (in force)

Section 349, BNS 2023

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.

Ingredients: IPC 486 vs BNS 349

Under IPC 486
  1. The accused sells, exposes for sale, or has in possession for sale any goods or things
  2. A counterfeit property mark is affixed to or impressed upon the goods or things, or upon any case, package or other receptacle containing them
  3. The accused does not prove that, having taken all reasonable precautions against committing an offence against the section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and that on demand made by or on behalf of the prosecutor, he gave all information in his power regarding the persons from whom he obtained such goods
  4. The accused does not prove that otherwise he had acted innocently
Under BNS 349
  1. Selling, exposing for sale, or possessing for sale any goods or things with a counterfeit property mark affixed or impressed on the goods or their receptacle
  2. Failure of the accused to prove taking all reasonable precautions and having no reason to suspect the mark along with giving supplier details on demand, or failure to prove acting innocently

What IPC 486 to BNS 349 Means for Pending Cases

For Section 486 IPC (now Section 349 BNS): under Section 349 BNS, the offence and the punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 349 BNS and is framed on the same statutory burdens as before.

FAQs: IPC 486 to BNS 349

What changed regarding Section 486 IPC under the BNS?▼

The offence and the penalty are unchanged. Section 486 IPC is enacted as Section 349 BNS with the same punishment of imprisonment up to one year, or fine, or both.

Where does Section 486 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 349 BNS, in Chapter XVIII, Of Offences Relating to Documents and to Property Marks.

Does Section 486 IPC or Section 349 BNS apply to an act done before 1 July 2024?▼

Section 486 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 486 IPC. Section 349 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·