Selling goods marked with a counterfeit property mark
Section 349 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 The Act came into force on 01 Jul 2024.
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.
Section 349, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 486 Selling goods marked with a counterfeit property mark Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Knowingly selling goods marked with a counterfeit property mark. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC
Decided under Indian Penal Code 486, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
To secure conviction under Sections 483, 485, 486, 487 of IPC and Sections 103, 104 of Trade Mark Act and Section 63 of Copyright Act, the prosecution must prove: (1) that the trade mark or copyright is registered with statutory authorities; (2) that the property was properly seized from the accused with adherence to procedural requirements including panch witness corroboration and accused's signature on seizure memo; (3) that the accused was present and identified at the time of seizure; (4) that the property was properly labeled, numbered and sealed; (5) that specific individuals were deceived and induced to purchase duplicate products; and (6) that the accused was involved in making or possessing counterfeit marks or instruments. Failure to prove any of these essential ingredients results in acquittal.
On this section: Possession of counterfeit goods for sale - Court held that prosecution failed to prove which was original product and which was duplicate
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 349
What have the courts held on Section 349 of the Bharatiya Nyaya Sanhita?
Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC (24 Oct 2013) is the leading judgment on this section among those set out below, though it was decided under IPC 486, which this section replaced -- the court never mentioned this Act: Possession of counterfeit goods for sale - Court held that prosecution failed to prove which was original product and which was duplicate.
Is Section 349 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 349 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 349 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 349, section 349 BNS, section 349 of the Bharatiya Nyaya Sanhita. People searching for it also type 349 bns in ipc and 349 bns punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dongri Police stn. vs Atik Ahmed Iliyas Ahmed Shaikh USec. 483, 485, 486 IPC (24 Oct 2013).
What should I read with Section 349 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 486 (Selling goods marked with a counterfeit property mark), so the judgments decided under that provision are the case law on this one.
When did Section 349 of the Bharatiya Nyaya Sanhita come into force?
Section 349 of the Bharatiya Nyaya Sanhita, cited as BNS 349, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.