Selling goods marked with a counterfeit property mark
AI Assist
Summary
Selling, exposing or keeping for sale any goods bearing a counterfeit property mark is an offence. The person can be punished with up to one year imprisonment, a fine, or both, unless they prove they took all reasonable precautions and had no reason to suspect the mark, or they gave supplier information when asked, or otherwise acted innocently. The offence is non-cognizable, bailable and triable by any magistrate.
Example
Priya runs a clothing stall and sells shirts that turn out to bear a counterfeit brand label. If charged, she could face up to one year in jail or a fine unless she proves she took reasonable precautions, had no reason to suspect the label, or gave the names of the persons she bought the shirts from when asked.
Bare Act
Enacted textWhoever 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 prove
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(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
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(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
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(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.
BNSS Classification
- Imprisonment for 1 years, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Any Magistrate.
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