Counterfeiting a property mark
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Summary
Counterfeiting someone else’s property mark is an offence punishable with up to two years imprisonment, or a fine, or both. If the mark belongs to a public servant, or is a mark that shows where, when, or by whom property was made, its quality, that it passed through a particular office, or that it is entitled to an exemption, or if a person uses such a mark knowing it is counterfeit, the penalty is higher: up to three years and a fine.
Example
Meera stamps goods with a fake mark that looks like a government office's exemption mark and sells them, knowing the mark is false. She can be punished with up to three years imprisonment and a fine.
Bare Act
Enacted text(1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
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