Section 349 BNS: Selling goods marked with a counterfeit property mark
Bharatiya Nyaya Sanhita, 2023
Section 349 BNS at a Glance
Section 349 BNS deals with selling goods marked with a counterfeit property mark. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 486 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to one year, or fine, or both.
Section 349 BNS Bare Act Text
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.
Source: Section 349, Bharatiya Nyaya Sanhita, 2023
Section 349 BNS in Simple Words
Section 349 of the Bharatiya Nyaya Sanhita (BNS) deals with selling, exposing for sale, or having in possession for sale any goods or things with a counterfeit property mark affixed to or impressed upon the goods themselves or upon any case, package, or other receptacle containing them. The law is aimed at protecting buyers and genuine owners from deception regarding who owns the goods.
This section applies to traders, shop owners, wholesalers, and anyone else who sells, displays for sale, or holds such goods for sale. Once the sale, exposure for sale, or possession for sale of goods bearing a counterfeit property mark is shown, the accused is punishable unless they prove the statutory defence set out in the section.
To avoid liability, the accused must prove either that they took all reasonable precautions against committing an offence under this section, had no reason at the time to suspect the genuineness of the mark, and on demand by or on behalf of the prosecutor gave all information in their power about the persons from whom they obtained the goods, or that otherwise they acted innocently.
Ingredients of Section 349 BNS
- 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
- 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
Punishment Under Section 349 BNS
Imprisonment of either description for a term which may extend to one year, or fine, or both.
The court may impose a fine alone, or fine in addition to imprisonment. The statute specifies no upper limit.
Selling, exposing for sale, or possessing for sale goods bearing a counterfeit property mark carries imprisonment of either description for up to one year, or fine, or both.
Example of Section 349 BNS
When Section 349 BNS Does Not Apply
- The mark affixed to or impressed upon the goods or their receptacle is genuine and not counterfeit
- The goods or things are held for personal use and not sold, exposed for sale, or held in possession for sale
- The accused proves that he took all reasonable precautions, had no reason to suspect the genuineness of the mark, and gave all information in his power about suppliers on demand by or on behalf of the prosecutor
- The accused proves that otherwise he had acted innocently
Section 349 BNS in the IPC (Previous Law)
Section 349 BNS replaces Section 486 IPC from the old criminal code.
Section 486 IPC corresponds to Section 349 BNS, with identical wording and the same punishment.
View IPC Section 486 →FAQs on Section 349 BNS
Does Section 349 BNS apply if I did not make the fake mark myself?▼
Yes. The section is not limited to the person who created the counterfeit mark. Anyone who sells, exposes for sale, or possesses for sale goods bearing a counterfeit property mark is liable unless they prove that they took all reasonable precautions, had no reason to suspect the genuineness of the mark, and gave full information in their power about their supplier on demand by the prosecutor, or that they otherwise acted innocently.
Under Section 349 BNS, is mere possession of such goods enough for punishment?▼
Not always. The law focuses on selling, exposing for sale, or having goods in possession for sale. Holding goods purely for personal use without any purpose of sale does not fall under this section.
What kind of goods are covered under Section 349 BNS?▼
The section covers any goods or things that have a counterfeit property mark affixed to or impressed upon them, or upon any case, package, or other receptacle in which the goods are contained.
Can a case under Section 349 BNS be settled between the parties?▼
Yes. Under Section 359(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, this offence may be compounded, without needing the court's permission, by the person to whom loss or injury is caused by such use.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·