Section 349Selling goods marked with a counterfeit property mark

Chapter XVIII — Of Offences Relating to Documents and to Property Marks

Copied from the Official Gazette. Not yet reviewed by a qualified legal professional.

Text of the law

Official text (Gazette) Not yet legally reviewed

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—
1. (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
2. (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
3. (c) that otherwise he had acted innocently,
4. be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Amendments, judgments and appeal information have not been added for this section yet.

Where this text comes from: Gazette of India, Extraordinary, No. 53, 25 December 2023 (Act No. 45 of 2023)
Type of text: Official text (Gazette)
Pages in the Gazette: p. 97
Text version: As originally enacted in 2023. This text may not reflect subsequent amendments or commencement notifications. Last status check: 6 November 2026.
When the Act came into force: 1 July 2024, under Government notification S.O. 850(E), dated 23 February 2024. Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)The notification excluded section 106(2); see the note on that section.Whether an excluded provision was brought into force later has not been independently confirmed. Checked against the Gazette on 6 November 2026. Not yet reviewed by a qualified legal professional.
Checked by computer against the Gazette?: Yes, words and structure match
Reviewed by a qualified legal professional?: Not yet
Copied on: 6 Nov 2026

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