Property mark
AI Assist
Summary
A mark put on movable property to show it belongs to someone is a property mark. If a person marks goods or uses a marked package so that others are reasonably led to believe the goods belong to someone else, they are using a false property mark. Using a false property mark is punishable with up to one year imprisonment, or fine, or both, unless the person proves they acted without intent to defraud.
Example
Rohan runs a small phone shop. He sticks a popular shop's sticker on phones he bought elsewhere so buyers think they come from that shop. That use of a false property mark can lead to prosecution and punishment of up to one year imprisonment or a fine, unless Rohan proves he had no intent to defraud.
Bare Act
Enacted text(1) A mark used for denoting that movable property belongs to a particular person is called a property mark.
(2) Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.
(3) Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
BNSS Classification
- Imprisonment for 1 year, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Any Magistrate.
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