Vidhara

The Bharatiya Nyaya Sanhita, 2023

§349Selling 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 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.

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Source & version

Official text: Gazette of India via MHA (official)

Official Gazette text: The Bharatiya Nyaya Sanhita, 2023 (45 of 2023), English PDF as hosted by Ministry of Home Affairs (mha.gov.in, file 250883_english_01042024.pdf; canonical mirror indiacode.nic.in bitstream a202345.pdf). Extracted via pdftotext 26.07 -layout and @nexlex/ingest gazette-pdf parser on 2026-07-14. Automated parse; structural validation + spot verification of sections 1, 63, 103, 302, 358; full clause-level proofread pending.

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