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Introduction of 350 BNS

350 BNS Addresses the act of making a false mark on receptacles containing goods, with the intent to deceive or mislead others about the contents or their quality. The provision ensures transparency and integrity in trade practices, safeguarding consumer rights and fair business dealings.


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.


350 BNS criminalizes making false marks on goods containers to mislead consumers.
BNS 350 ensures trade integrity by preventing false labeling on goods containers.

BNS 350 in Simple Points

1. Fraudulent Marking of Receptacles

The law applies to cases where false marks are placed on receptacles containing goods to misrepresent their contents. For example, labeling a box as containing “organic fruits” while it holds non-organic items violates this section. Such actions are considered fraudulent if the intent is to deceive or mislead someone about the nature, type, or quality of the goods.

2. Penalty for Violating Sub-section (1)

If found guilty under sub-section (1), the offender may face imprisonment for up to three years, a fine, or both. This punishment ensures that individuals and organizations think twice before engaging in fraudulent labeling. However, the accused can defend themselves by proving that they acted without intent to defraud.

3. Use of False Marks (Sub-section 2)

Using a false mark, even if not personally created, is also punishable under this section. The same penalties apply—imprisonment up to three years, a fine, or both. This provision ensures that those using fraudulent markings are held accountable, closing any potential loopholes.

4. Offense Classification

The offense is classified as:

  • Non-cognizable: Police cannot arrest the accused without prior approval from a magistrate.
  • Bailable: The accused can secure bail easily.
  • Triable by any magistrate: Trials can be conducted by magistrates at any level, making the legal process accessible.

5. Consumer Protection and Market Integrity

The section aims to protect consumers from being deceived about the quality or type of goods they purchase. It also safeguards the market’s integrity by penalizing fraudulent business practices. This law fosters transparency and trust between sellers and buyers while maintaining fair competition among 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

  1. 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.
  2. 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 punishes making false marks on goods with imprisonment and/or fines.
Severe penalties under BNS 350 for making false marks on goods containers.

BNS 350 bailable or not ?

Yes, BNS Section 350 is bailable, meaning the accused can secure bail during the investigation or trial process.


Bharatiya Nyaya Sanhita Section 350

PointsDetails
BNS Section350
OffenseMaking a false mark on any case, package, or receptacle containing goods to mislead or deceive others.
Punishment– Imprisonment up to 3 years – Fine, or – Both imprisonment and fine
Bailable/Non-BailableBailable
Cognizable/Non-CognizableNon-cognizable
Trial ByAny Magistrate

BNS Section 350 FAQs

1. What is BNS Section 350?

2. What punishment is prescribed under BNS Section 350?

3. Is BNS Section 350 a bailable offense?

4. Can BNS Section 350 be tried in any court?

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?


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