Making or possession of any instrument for counterfeiting a property mark
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Summary
Making or possessing any die, plate or other instrument to counterfeit a property mark, or possessing a property mark to show goods belong to someone they do not, is an offence. It applies when the instrument or mark is made or kept for that false purpose. Punishment is imprisonment for up to three years, or fine, or both.
Example
Priya, a shopkeeper, buys a metal die to stamp a fake property mark on cheap perfumes and sell them as a known brand. Police recover the die; she can be punished with up to three years imprisonment, a fine, or both under this rule.
Bare Act
Enacted textWhoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
BNSS Classification
- Imprisonment for 3 years, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class.
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