IPC Section 486: Selling Goods Marked with a Counterfeit Property Mark - BNS Section 349
Section 486 of the Indian Penal Code, 1860 dealt with selling, displaying for sale, or possessing for sale goods bearing a counterfeit property mark. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 349.
What is a counterfeit property mark?
A property mark identifies movable property as belonging to a particular person. A counterfeit property mark is an imitation of such a mark. The relevant provisions distinguish property marks from trade marks, although a particular transaction may also raise questions under trade mark legislation.
The offence concerns goods or things bearing a counterfeit property mark, including a mark affixed to or impressed on a case, package or other receptacle containing them. Actual completed sale is not necessary: exposure for sale or possession for sale is also covered.
Section 486 IPC and corresponding Section 349 BNS
Under the former Section 486 IPC, a person who sold, exposed for sale, or possessed for sale goods or things bearing a counterfeit property mark was punishable unless the statutory grounds of innocent conduct were established.
Section 349 BNS substantially carries forward that rule. It applies when a counterfeit property mark is affixed to goods themselves or to their packaging. The provision sets out two linked grounds relating to reasonable precautions and disclosure of suppliers, as well as an alternative ground of otherwise acting innocently.
| Subject | Former law | Current law |
|---|---|---|
| Provision | IPC Section 486 | BNS Section 349 |
| Conduct | Sale, exposure for sale, or possession for sale of counterfeit property-marked goods | Substantially the same conduct |
| Maximum imprisonment | One year | One year |
| Other punishment | Fine, or both imprisonment and fine | Fine, or both imprisonment and fine |
Statutory defences and burden of proof
The statutory wording provides that the accused may avoid liability by proving either the combined requirements in clauses (a) and (b), or the alternative in clause (c):
- Reasonable precautions and no reason for suspicion (clause a): The person took all reasonable precautions against committing the offence and, at the relevant time, had no reason to suspect the genuineness of the mark.
- Disclosure of source (clause b): On demand by or on behalf of the prosecutor, the person supplied all information within their power about the persons from whom the goods were obtained.
- Otherwise innocent conduct (clause c): The person proves that they otherwise acted innocently.
Important: Clauses (a) and (b) operate together; clause (c) is an alternative. Merely asserting lack of knowledge does not automatically establish a statutory defence. The facts, evidence and applicable procedural law matter.
Punishment and nature of offence
Under Section 349 BNS, the prescribed punishment is imprisonment of either description for up to one year, or fine, or both. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence is classified as non-cognizable and bailable, and is triable by any Magistrate. Other offences arising from the same transaction may have different classifications.
Illustrative examples
Example 1: Counterfeit ownership mark on packaging
A seller offers packaged goods bearing a counterfeit mark suggesting that the goods belong to another business. The sale offer may attract Section 349, depending on the evidence and whether a statutory defence is established.
Example 2: Supplier information and reasonable precautions
A retailer documents reasonable checks, has no reason to suspect the mark, and supplies all available supplier details when lawfully demanded by the prosecutor. These facts may support the combined defence under clauses (a) and (b).
Example 3: Stock held for sale
Goods bearing counterfeit property marks are stored as sale inventory. Even if no buyer has purchased them, possession for sale can fall within the provision.
Frequently asked questions
What is the BNS equivalent of IPC Section 486?
Section 349 of the Bharatiya Nyaya Sanhita, 2023.
Is an actual sale required?
No. Exposing goods for sale or possessing them for sale can also fall within the statutory wording.
What is the maximum punishment?
Imprisonment of either description for up to one year, or fine, or both.
Can an innocent retailer rely on a defence?
Yes, if the retailer proves the applicable statutory requirements. The combined conditions in clauses (a) and (b), or the alternative innocent-conduct ground in clause (c), must be considered.
Does IPC Section 486 still apply after 1 July 2024?
The BNS is the current penal statute. For acts occurring before its commencement, the former IPC provision can remain relevant under repeal and savings rules.
Official legal sources
- Bureau of Police Research and Development - Bharatiya Nyaya Sanhita, 2023 (official PDF), particularly Section 349.
- National Crime Records Bureau - BNS chapter-wise provisions.
- India Code - official central legislation portal; consult the BNS and BNSS texts for amendments and procedural classification.
This article provides general legal information. Application of the law depends on the date of conduct, the evidence and other applicable enactments.