Section 349 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Selling goods marked with a counterfeit property mark.

  1. 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.