Introduction of 350 BNS
350 BNS of the Bharatiya Nyaya Sanhita (BNS) addresses fraudulent practices related to false marking on receptacles, cases, or packages containing goods. This law replaces IPC Sections 487 and 488, ensuring that businesses and individuals do not mislead consumers or authorities about the nature, quality, or authenticity of goods. By penalizing those who create or use false marks on goods containers, this section plays a vital role in protecting consumer rights, trade integrity, and fair competition in the market.
The Bharatiya Nyaya Sanhita (BNS) Section 350 replaces the old Indian Penal Code (IPC) Section 487,488.
What is BNS Section 350 ?
BNS Section 350 deals with fraud related to false marks on receptacles (cases, packages, or containers) containing goods. It penalizes anyone who intentionally makes or uses a false mark on a receptacle to deceive others about its contents or their quality. This section ensures that individuals and businesses do not engage in fraudulent practices that mislead public servants, customers, or others.
Under Section 350 of the bns act 2023
“Whoever fraudulently makes any false mark upon any case, package, or receptacle containing goods, or uses such receptacle knowing it to bear a false mark, with the intention to deceive or mislead any person about the nature, quality, or content of such goods, shall be punished with imprisonment up to three years, or with fine, or with both.”
1. Meaning of False Mark on Receptacles
- Receptacle → Any case, box, bag, package, or container in which goods are stored, transported, or sold.
- False Mark → A misleading or incorrect label, stamp, or symbol made to deceive about the contents, type, or quality of goods.
- Example → Marking a container of substandard oil as “pure and premium oil” to mislead customers.
2. Essential Ingredient – Intention to Deceive
- The false mark must be made or used with the intention of cheating or misleading others.
- The “injury” here may include:
- Financial Loss (customer paying higher price for poor quality).
- Damage to Reputation (genuine brands suffer because of fake goods).
- Risk to Safety (mislabeling expired or harmful goods as safe).
- Example → Repacking expired medicines into boxes marked as “fresh stock” to sell them.
3. Punishment under BNS Section 350
- Imprisonment → Up to 3 years.
- Fine → As decided by the Court.
- Both → In serious cases, imprisonment + fine may be imposed.
The law ensures strict deterrence for fraudulent trade practices.
4. Nature of the Offense
- Bailable → The accused has the right to seek bail.
- Non-Cognizable → Police cannot arrest or investigate without prior permission from a Magistrate.
- Triable by Any Magistrate → Ensures faster and more accessible trials.
5. Examples of BNS Section 350 in Action
- Example 1 – Food Mislabeling: A seller marks a container as “organic fruits” but actually fills it with chemically treated fruits.
- Example 2 – Repackaging Expired Goods: A shopkeeper re-labels expired biscuits as “fresh stock.”
- Example 3 – Innocent Mistake (Not an Offense): A worker wrongly sticks the wrong label by mistake, without fraudulent intent.
6. Importance of Section 350
- Ensures consumer protection from false labeling and fraud.
- Protects brand reputation of genuine businesses.
- Promotes fair trade practices and prevents unfair competition.
- Builds trust between consumers and businesses.
Section 350 BNS Overview
BNS Section 350 refers to the act of fraudulently making a false mark on any case, package, or receptacle containing goods. This includes actions intended to deceive public servants or others into believing that the contents of the receptacle do not match their actual nature, quantity, or quality. The intention is to mislead others about the goods inside, their authenticity, or their characteristics.
BNS Section 350: Making a False Mark Upon Any Receptacle Containing Goods
1. Purpose of BNS Section 350
BNS Section 350 aims to prevent fraudulent practices involving false marks on cases, packages, or containers. The provision targets actions meant to deceive others, such as making someone believe a receptacle contains goods it does not or misrepresenting the quality of its contents. This section upholds honesty in trade practices and protects consumers from being misled by false claims. It also deters businesses or individuals from engaging in unethical labeling practices, ensuring transparency in goods labeling.
2. Key Provisions Under Sub-section (1)
The first sub-section penalizes anyone who intentionally places a false mark on a receptacle containing goods with the intent to deceive. The mark could mislead others into believing the receptacle contains something it doesn’t, or misrepresent the nature or quality of its contents. The accused can defend themselves by proving they had no intent to defraud. The provision ensures fair trade practices and deters deceptive actions that harm public trust.
3. Provisions Under Sub-section (2)
Sub-section (2) targets the use of false marks, even if the user didn’t create them. Anyone using such marks with the intent to deceive is punishable in the same way as those who create them. This clause ensures that both creators and users of false marks are held accountable. By doing so, the law covers all scenarios of deception and closes potential loopholes that might allow offenders to escape justice.
4. Punishment for Violating BNS Section 350
If found guilty of violating either sub-section, the offender faces imprisonment of up to three years, a fine, or both. The severity of the punishment reflects the seriousness of fraudulent acts and their potential harm to consumers and businesses. This ensures that offenders are adequately penalized while also acting as a deterrent to others.
5. Classification of the Offense
The offense is classified as non-cognizable, meaning police need prior approval from a magistrate to arrest the accused. It is also bailable, allowing the accused to secure bail easily. The trial is conducted by any magistrate, ensuring accessibility in the legal process. These classifications balance the need for justice with the rights of the accused.
6. Protection of Consumers
This section plays a significant role in consumer protection by ensuring accurate representation of goods. False marks could mislead consumers into purchasing substandard or entirely different products. By penalizing such acts, the law safeguards the interests of buyers and enhances trust in the market. It also empowers consumers to hold sellers accountable for misleading practices.
7. Safeguarding Business Integrity
Fraudulent marking practices harm not only consumers but also honest businesses. This section ensures that unethical competitors cannot gain an unfair advantage by deceiving buyers. It promotes fair competition, fostering a healthier business environment. Transparency in trade practices builds credibility and strengthens the market as a whole.
8. Challenges in Proving Intent
A critical aspect of this law is proving intent to defraud, which can be challenging. The accused might claim ignorance or mistake. To address this, the law allows the accused to prove that they acted without fraudulent intent. This clause balances the need for justice with the presumption of innocence, ensuring fair trials.
9. Broader Implications of the Law
The scope of BNS Section 350 extends beyond individual cases, as it promotes trust in goods labeling and trade practices. By targeting deceptive markings, it strengthens public confidence in businesses and regulatory systems. The law also aligns with broader consumer rights frameworks, ensuring transparency and accountability in commerce.
10. Examples of Violations
For instance, if a seller marks a container as “containing premium tea” but it contains low-quality leaves, they violate this section. Another example is a business labeling a box of expired medicines as “new stock.” Both actions involve fraudulent intent to deceive consumers or authorities, and they are punishable under BNS Section 350.
Examples of BNS Section 350 in Action
- Example 1: A company labels a package as “containing premium-grade rice,” but it contains low-quality grains. If the intent was to mislead buyers into paying a higher price, it violates this section.
- Example 2: A seller repackages expired products and marks them as “fresh stock” to deceive buyers. This fraudulent marking on the package is punishable under BNS Section 2350.
BNS 350 Punishment
Imprisonment: An offender may face up to 3 years of imprisonment if found guilty of making a false mark on goods.
Fine: Alternatively, the offender may be required to pay a substantial fine, or both imprisonment and a fine, ensuring accountability and deterrence.
BNS 350 bailable or not ?
Yes, BNS Section 350 is bailable, meaning the accused can secure bail during the investigation or trial process.
Comparison: BNS Section 350 vs IPC Sections 487 & 488
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 350 | Making or using a false mark upon any case, package, or receptacle containing goods with intent to deceive or mislead about the contents, quality, or nature. | Imprisonment up to 3 years, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 487 (Old) | Making a false mark upon any receptacle containing goods (old provision addressing fraudulent marking of packages). | Imprisonment up to 3 years, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 488 (Old) | Using a false mark upon any receptacle containing goods (old provision covering use of already-made false marks). | Imprisonment up to 3 years, or fine, or both. | Bailable | Non-Cognizable | Any Magistrate |
BNS Section 350 FAQs
1. What is BNS Section 350?
BNS Section 350 deals with the offense of making a false mark on any case, package, or receptacle containing goods. This means when someone fraudulently puts a wrong or misleading mark on goods’ packaging to deceive others about what the contents truly are or their nature. The objective is to maintain honesty and integrity in trade, preventing consumers and authorities from being misled.
2. What punishment is prescribed under BNS Section 350?
Under BNS Section 350, an offender may face imprisonment up to 3 years, a monetary fine, or a combination of both. Whether it is imprisonment or a fine, the punishment ensures severe consequences to prevent dishonest practices in business transactions and protect consumers from fraud.
3. Is BNS Section 350 a bailable offense?
Yes, BNS Section 350 is bailable, meaning that the accused has the legal right to secure bail during any stage of the investigation or trial. The provision allows the accused to remain free while awaiting trial, subject to the conditions set by the Magistrate.
4. Can BNS Section 350 be tried in any court?
Yes, any Magistrate has the authority to try cases under BNS Section 350. This means that the trial can be conducted in any lower-level or first-class Magistrate’s court, ensuring that justice is accessible and streamlined across different jurisdictions.
5. What is the main objective of BNS Section 350?
The main aim of BNS Section 350 is to prevent the act of deceptive marketing and trade practices by ensuring that the contents of goods’ packaging accurately reflect their nature, quality, and type. It safeguards consumer interests, trade integrity, and legal business practices, ensuring that fair trade is maintained in markets.
6. What is meant by a “false mark” in BNS Section 350?
A “false mark” refers to any misleading or incorrect mark or symbol placed on packaging or receptacles, with the intention of making someone believe that the goods contain different items or qualities than they actually do. Such marks may include logos, labels, numbers, or any identifiable symbol, which misrepresent the product’s contents or characteristics.
Conclusion
BNS Section 350 is a strong legal safeguard against deceptive trade practices involving false marks on receptacles. It ensures that goods are accurately represented, protecting both consumers from fraud and businesses from unfair competition. By penalizing offenders with imprisonment or fines, this law reinforces transparency, honesty, and accountability in commercial dealings, thereby maintaining trust in the marketplace.
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