Making a false mark upon any receptacle containing goods
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Summary
Making a false mark on any case, package or other receptacle that would reasonably lead a public servant or any person to believe the contents or quality are different is an offence. The person who makes the mark must prove they acted without intent to defraud; otherwise they face up to three years imprisonment, or fine, or both. Using such a false mark in any prohibited way is punished the same.
Example
Priya runs a spice shop and labels jars of lower-grade spice as 'pure', so a buyer or food inspector could be misled. Because she put a false mark, she must prove she had no intent to defraud or else may be punished with up to three years jail, a fine, or both.
Bare Act
Enacted text(1) Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, 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 three years, or with fine, or with both.
(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1).
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