Section 350 BNS: Making a false mark upon any receptacle containing goods
Bharatiya Nyaya Sanhita, 2023
Section 350 BNS at a Glance
Section 350 BNS deals with making a false mark upon any receptacle containing goods. It is bailable and non-cognizable; it replaced Sections 487 and 488 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to three years, or fine, or both.
Section 350 BNS Bare Act Text
(1) Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1).
Source: Section 350, Bharatiya Nyaya Sanhita, 2023
Section 350 BNS in the IPC (Previous Law)
FAQs on Section 350 BNS
Under Section 350(1) BNS, what does a false mark on a container mean?▼
It means any false mark put on a case, package, or other receptacle containing goods in a manner reasonably calculated to make a public servant or any other person believe that it contains goods it does not contain, does not contain goods it does contain, or contains goods of a different nature or quality.
Does Section 350(1) BNS apply if the goods inside are genuine?▼
Yes, it can still apply. The offence is about the false marking on the receptacle, not only about the goods themselves. If the container is marked in a deceptive way regarding the presence, absence, nature, or quality of the goods, the law may be attracted.
Is the offence under Section 350(1) BNS serious enough for arrest?▼
It is a bailable and non-cognizable offence. That means police powers are limited compared with cognizable offences, and bail is generally available.
Can a company or trader be prosecuted under Section 350(1) BNS?▼
Yes. A trader, manufacturer, distributor, or any person who makes the false mark on the receptacle can be proceeded against unless he proves that he acted without intent to defraud.
What does Section 350(2) of the Bharatiya Nyaya Sanhita punish?▼
Section 350(2) BNS punishes using a false mark on a case, package or other receptacle containing goods in the kind of misleading way described in Section 350(1) BNS. It covers use of a mark that is reasonably calculated to make someone believe the package contains different goods, no goods, or goods of a different nature or quality than it really does.
Do the police have to prove I meant to cheat under Section 350(2) BNS?▼
The section says the person will be punished unless he proves that he acted without intent to defraud. So if the false mark was used in the prohibited manner, the law places importance on whether the accused can show there was no intent to defraud.
What is the punishment for using a false mark on a package under Section 350(2) BNS?▼
Section 350(2) BNS says the person is punished as if he had committed the offence under Section 350(1) BNS. Under Section 350(1) BNS, the punishment may extend to three years' imprisonment, or fine, or both.
What should I do if I am accused under Section 350(2) BNS or want to complain about it?▼
If you are accused, keep the package, labels, invoices, transport papers, messages and any other material that may show there was no intent to defraud. If you want to complain, preserve the receptacle, the false mark, photographs, bills and delivery records, because the issue is whether the mark was used to mislead about what goods the receptacle contained or their nature or quality.
Section 350 BNS: Sub-sections Explained
Section 350(1) BNS: Making a false mark upon any receptacle containing goods
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Bare Act Text
Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Explained in Simple Words
Section 350(1) of the Bharatiya Nyaya Sanhita (BNS) deals with making a false mark upon any case, package, or other receptacle containing goods. It applies when a person makes a false mark on a receptacle in a manner reasonably calculated to cause any public servant or any other person to believe that the receptacle contains goods which it does not contain, does not contain goods which it does contain, or contains goods of a nature or quality different from their real nature or quality.
Unless the accused proves that he acted without intent to defraud, the offence is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. In practice, this is relevant in trade, transport, storage, and inspection settings where markings on containers are relied upon to identify the presence, nature, or quality of the goods inside.
Even if the goods themselves are not altered, a false mark on the package or receptacle can create deception and commercial loss. This provision helps protect trust in inspections and business transactions.
Key Ingredients
- Making any false mark upon any case, package or other receptacle containing goods
- The mark is made in a manner reasonably calculated to cause belief that the receptacle contains goods it does not contain, does not contain goods it does contain, or contains goods of a different nature or quality
- Failure of the accused to prove that he acted without intent to defraud
Punishment
🔒 Imprisonment of either description for a term which may extend to three years, or fine, or both.
💰 The court may impose a fine alone, or fine in addition to imprisonment. The statute specifies no upper limit.
Making a false mark on a receptacle containing goods, reasonably calculated to deceive as to contents or quality, carries imprisonment of either description for up to three years, or fine, or both.
Real-World Example
When This Does Not Apply
- The mark placed upon the receptacle is true and accurate
- The mark is not reasonably calculated to mislead any person regarding the presence, absence, nature, or quality of the contents
- The accused proves that he acted without intent to defraud
- The accused did not make the mark upon the receptacle containing goods
Previous Law
IPC 487 → Section 350(1) BNS
Section 487 IPC corresponds to Section 350(1) BNS, with identical text and the same punishment. Section 488 IPC on making use of such a false mark follows as Section 350(2) BNS.
Section 350(2) BNS: Making a false mark upon any receptacle containing goods
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Bare Act Text
(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1).
Explained in Simple Words
Section 350(2) of the Bharatiya Nyaya Sanhita (BNS) punishes any person who makes use of a false mark in any manner prohibited under Section 350(1) BNS. While Section 350(1) BNS deals with making a false mark on a case, package, or other receptacle containing goods, Section 350(2) BNS applies to anyone who uses such a false mark, even if another person originally put the mark on the receptacle.
By referring to Section 350(1) BNS, this sub-section covers using a false mark on a receptacle containing goods in a way reasonably calculated to make a public servant or any other person believe that the receptacle contains goods it does not contain, does not contain goods it actually contains, or contains goods of a nature or quality different from their real nature or quality. Once such prohibited use is shown, the person is liable unless he proves that he acted without intent to defraud.
An offender under Section 350(2) BNS is punished as if he had committed the offence under Section 350(1) BNS, which carries imprisonment of either description for a term that may extend to three years, or fine, or both.
Key Ingredients
- The accused makes use of a false mark on a case, package or other receptacle containing goods
- The mark is used in a manner prohibited under Section 350(1) BNS, reasonably calculated to make a public servant or another person believe something false about the contents
- The false belief may relate to the absence or presence of goods in the receptacle
- The false belief may relate to the nature or quality of the goods being different from the real nature or quality
- The accused does not prove that he acted without intent to defraud
Punishment
🔒 Punished as under Section 350(1) BNS: imprisonment of either description for a term which may extend to three years.
💰 The offender may be punished with fine alone, or with both imprisonment and fine, as provided under Section 350(1) BNS.
Making use of a false mark in any manner prohibited under Section 350(1) BNS, unless the person proves he acted without intent to defraud, is punishable as under Section 350(1) BNS with imprisonment of either description for up to three years, or with fine, or with both.
Real-World Example
When This Does Not Apply
- A package has a spelling mistake or unclear label, but it is not reasonably calculated to make anyone believe something false about the goods
- The receptacle contains exactly the goods stated, and the mark does not misstate their presence, absence, nature or quality
- A person merely transports or stores a marked package without making or using the false mark in the prohibited manner
- The person proves that he acted without intent to defraud
Previous Law
IPC 488 → Section 350(2) BNS
Section 488 IPC corresponds to Section 350(2) BNS, with the reference updated to Section 350(1) BNS and the same punishment.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·