Section 349 of BNS : Section 349: Selling goods marked with a counterfeit property mark.

Explanation using Example

Example 1:

Ravi owns a small electronics shop in Mumbai. He receives a shipment of mobile phones that are branded with a well-known company's logo. Ravi sells these phones to his customers, believing them to be genuine. However, it turns out that the logo on the phones is counterfeit. The police conduct a raid and seize the counterfeit phones. Ravi is charged under Section 349 of the Bharatiya Nyaya Sanhita 2023 for selling goods with a counterfeit property mark.

To defend himself, Ravi must prove:

• (a) He took all reasonable precautions to ensure the phones were genuine, such as verifying the supplier's credentials and checking the authenticity of the goods.
• (b) He provided all information about the supplier to the authorities when asked.
• (c) He acted innocently and had no reason to suspect the phones were counterfeit.

If Ravi can prove these points, he may avoid punishment. Otherwise, he could face imprisonment for up to one year, a fine, or both.

Example 2:

Priya runs a clothing store in Delhi. She buys a batch of designer handbags from a new supplier at a significantly lower price than usual. The handbags have the designer's logo on them. Priya sells these handbags to her customers. Later, it is discovered that the logos on the handbags are counterfeit. Priya is arrested and charged under Section 349 of the Bharatiya Nyaya Sanhita 2023 for selling goods with a counterfeit property mark.

To avoid punishment, Priya must demonstrate:

• (a) She took all reasonable precautions to ensure the handbags were genuine, such as asking for authenticity certificates and checking the supplier's reputation.
• (b) She provided all the information she had about the supplier to the authorities when requested.
• (c) She acted innocently and had no reason to suspect the handbags were counterfeit.

If Priya can successfully prove these defenses, she may not be punished. If not, she could face imprisonment for up to one year, a fine, or both.