Section 349 BNS: Selling Goods Marked With A Counterfeit Property Mark

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Section 349 BNS | BNS 349

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.

READ OTHER SECTIONS OF CHAPTER XVIII — OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

Section No.	Section Title
335	Making a false document.
336	Forgery.
337	Forgery of record of Court or of public register, etc.
338	Forgery of valuable security, will, etc.
339	Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine.
340	Forged document or electronic record and using it as genuine.
341	Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338.
342	Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material.
343	Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
344	Falsification of accounts.
	Of Property Marks
345	Property mark.
346	Tampering with property mark with intent to cause injury.
347	Counterfeiting a property mark.
348	Making or possession of any instrument for counterfeiting a property mark.
349	Selling goods marked with a counterfeit property mark.
350	Making a false mark upon any receptacle containing goods.

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FAQs of BNS Section 349

349 BNS punishment and fine

Punishment and fine under Section 349 of the BNS: Imprisonment for 1 year, or fine, or both.
349 BNS cognizable or not

The offence under Section 349 of the BNS is non-cognizable.
349 BNS bailable or not

The offence under Section 349 of the BNS is bailable.
349 BNS trial court

Offence specified in Section 349 of the BNS is triable by any Magistrate.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).