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 is likely to make a public servant or any other person believe the contents or their quality are different is an offence. If done with intent to defraud, the offender can be punished with up to three years imprisonment, or fine, or both. The accused can avoid punishment only by proving they acted without intent to defraud.
Example
Priya labels sacks of rice as "organic" though they are not, and a buyer and an inspector are misled by the mark. She can be prosecuted under this provision and, unless she proves she did not intend to defraud, may face up to three years' imprisonment, or a fine, or both.
Bare Act
Enacted textWhoever 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.
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