Punishment for making use of any such false mark
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Summary
Using a false mark in a way the law forbids is an offence and attracts the same punishment as the underlying marked-offence. The person who used the mark can avoid punishment only by proving they acted without intent to defraud. The legal burden to show lack of intent lies on the accused.
Example
Priya sticks a counterfeit quality mark on her textile rolls to sell them as branded goods. Because she used the false mark in a prohibited way, she can be punished the same as for the underlying offence unless she proves she had no intent to defraud.
Bare Act
Enacted textWhoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.
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