Introduction of 349 BNS
349 BNS is designed to protect consumers and promote fair trade practices by penalizing the sale or possession of counterfeit-marked goods. It ensures accountability for fraudulent practices and deters the spread of counterfeit goods in the market.
The Bharatiya Nyaya Sanhita (BNS) Section 349 replaces the old Indian Penal Code (IPC) Section 486.
- Introduction of 349 BNS
- What is BNS Section 349 ?
- BNS 349 in Simple Points
- Section 349 BNS Overview
- BNS 349 Punishment
- BNS 349 bailable or not ?
- Bharatiya Nyaya Sanhita Section 349
- BNS Section 349 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 349 ?
Whoever sells or possesses goods with a counterfeit property mark, unless proven innocent by reasonable precautions, information sharing, or lack of intent, shall be punished with imprisonment up to one year, a fine, or both.
BNS 349 in Simple Points
1. Selling Goods with Counterfeit Property Marks
BNS Section 349 addresses the act of selling, exposing for sale, or possessing goods with counterfeit property marks. A counterfeit property mark is a fake or forged label or symbol meant to imitate a genuine mark, used to deceive buyers. This law ensures that sellers do not mislead customers by selling fake goods with false branding. For example, selling a fake product labeled as a well-known brand violates this section. Sellers must verify the authenticity of goods before offering them to customers.
2. Legal Responsibility of Sellers
The section places responsibility on sellers to ensure that the goods they sell or display have genuine property marks. If a seller is found with counterfeit-marked goods, they must prove they acted innocently. This includes showing they took all reasonable precautions, had no reason to suspect the counterfeit nature of the goods, and provided full information about the supplier when requested by authorities. These measures protect honest sellers from false accusations while ensuring accountability.
3. Punishment for Violating Section 349
The punishment for violating BNS Section 349 includes imprisonment for up to one year, a fine, or both. The severity of the punishment ensures that individuals refrain from engaging in fraudulent practices. The penalty is designed to act as a deterrent, discouraging sellers from knowingly dealing with counterfeit-marked goods. However, the law allows for leniency if the seller can prove they acted without intent to deceive.
4. Classification of the Offense
The offense under BNS Section 349 is classified as bailable and non-cognizable, meaning the police cannot arrest the accused without prior approval from a magistrate. This classification balances the need for justice with protection against arbitrary detention. The trial for such cases is conducted by any magistrate, ensuring fair and accessible proceedings for the accused.
5. Protecting Consumer Rights and Brand Reputation
This section is vital for protecting consumer rights and maintaining the reputation of genuine brands. It prevents unfair competition by penalizing those who profit from counterfeit goods. By ensuring that counterfeit goods are kept out of the market, the law helps maintain trust in legitimate businesses. It also safeguards consumers from being cheated into buying fake products that may not meet quality standards or safety requirements.
Section 349 BNS Overview
BNS Section 349 defines the offense as selling, displaying for sale, or possessing goods with counterfeit property marks. The offender can avoid punishment if they prove they took reasonable precautions, had no knowledge of the counterfeit mark, and provided all necessary information to the authorities.
10 Key Points with Detailed Explanation
- Counterfeit Property Mark Defined
A counterfeit property mark is a false or fake mark made to imitate a genuine one. It is used to misrepresent goods, deceive consumers, or harm businesses by infringing on trademarks and authenticity. - Scope of Offense
The offense includes selling, displaying for sale, or possessing goods with counterfeit property marks. This wide scope ensures all aspects of counterfeit distribution are covered under the law. - Provisions for Innocence
The accused can prove innocence by showing:- Reasonable precautions were taken to avoid the offense.
- No suspicion about the counterfeit nature of the goods existed.
- They provided complete information about the source of the goods when demanded.
- Intent to Protect Consumers
This section safeguards consumers from purchasing counterfeit goods, ensuring that they receive genuine and safe products. It builds trust in the marketplace. - Punishment for Violation
The offender may face imprisonment of up to one year, a fine, or both. The penalty serves as a deterrent against engaging in counterfeit activities. - Bailable Offense
Being bailable, the accused can seek bail, preventing unnecessary detention during trial proceedings unless proven guilty. - Non-Compoundable Offense
The offense cannot be settled or withdrawn through mutual agreement between the parties. It requires a judicial decision to ensure accountability. - Jurisdiction of Trial
The case is triable by any magistrate, making the process flexible and adaptable based on the complexity of the case. - Protection for Sellers Acting in Good Faith
Sellers who genuinely act without intent to defraud and who cooperate with investigations are protected, provided they meet the conditions outlined in the law. - Impact on Trade Practices
This section upholds fair trade practices by discouraging counterfeit goods in the market. It ensures that genuine businesses and consumers are not harmed by counterfeit activities.
Examples of Obeying BNS Section 349
- Example 1: A Clothing Store Owner Verifying Labels
A clothing store owner ensures all goods sourced from suppliers have genuine brand labels by verifying their authenticity before purchase. They refuse to sell items with counterfeit marks, thereby adhering to the law under BNS Section 349. - Example 2: A Consumer Electronics Dealer Reporting Counterfeit Goods
A dealer in electronics finds some gadgets with fake property marks while checking a new shipment. The dealer immediately informs the supplier and reports the counterfeit items to authorities to ensure compliance with BNS Section 349.
BNS 349 Punishment
Imprisonment: The offender may face imprisonment of up to 1 year.
Fine: The offender may also be fined, or both imprisonment and fine may apply, based on the court’s judgment.
BNS 349 bailable or not ?
Yes, offenses under BNS Section 349 are bailable, allowing the accused to apply for bail and avoid prolonged detention during trial proceedings.
Bharatiya Nyaya Sanhita Section 349
| Points | Description |
|---|---|
| BNS Section | Section 2349 of the Bharatiya Nyaya Sanhita relates to selling goods with a counterfeit property mark. |
| Offense | Selling, displaying, or possessing goods with counterfeit property marks to deceive others. |
| Punishment | Imprisonment up to 1 year, or fine, or both. |
| Bailable/Non-Bailable | Bailable |
| Cognizable/Non-Cognizable | Non-Cognizable |
| Trial By | Any Magistrate |
BNS Section 349 FAQs
What is the main purpose of BNS Section 349?
It prevents the sale and distribution of goods with counterfeit property marks to protect consumers and promote fair trade practices.
Who can try cases under BNS Section 349?
The case can be tried by any magistrate, ensuring accessibility and prompt judicial process.
BNS 349 Is the offense bailable?
Yes, the offense is bailable, allowing the accused to apply for bail during legal proceedings.
What punishment is prescribed under this BNS 343?
The offender may be punished with imprisonment up to 1 year, a fine, or both.
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