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CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTSAND TO PROPERTY MARKS · Of property and other marks

Section 486: Selling goods marked with a counterfeit property mark

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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.

Footnotes in the official text

  1. 1.Subs. by s. 135 and the Sch., ibid., for certain words (w.e.f. 25-11-1959).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

486. Selling goods marked with a counterfeit property mark.BNS 349

Questions on this section

1 question in 5 of our papers cite Section 486. Try these from the free papers:

  1. 1. A is prosecuted under Section 349 of the Bharatiya Nyaya Sanhita, 2023 for selling goods bearing a counterfeit property mark. Consider the following statements: 1. The prosecution must prove that A knew the mark to be counterfeit; A bears no burden of proof. 2. A escapes liability if he proves that, having taken all reasonable precautions, he had no reason to suspect the genuineness of the mark, and that on demand he gave the prosecutor all the information in his power about the persons from whom he obtained the goods. 3. A escapes liability if he proves that he had otherwise acted innocently. Which of the statements given above is/are correct?

Practise questions on Criminal Law