Updated on December 27, 2024 01:03:18 PM
Clause 349 of BNS defines the offences related to the selling goods with counterfeit mark which was previously covered under the Section 486 of the Indian Penal Code. The Property mark used to denote movable property belonging to a particular person. Counterfeiting a property mark can lead to several misunderstandings and damage the goodwill as well.
However, Selling goods with counterfeit property marks can also result in imprisonment and penalties for the accused. Until the accused is found not guilty, the claim of Counterfeiting is just a claim. During trial, the accused can get bail with a promise to appear. In this article, we will go through the complete explanation of Forgery according to Clause 349 of BNS, punishments, penalties and bail provisions. Join us to understand the legal terms to comprehend the practical consequences.
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Here, is an overview of Clause 349 of BNS given below:
| Offence | Selling goods with counterfeit Property mark |
|---|---|
| Clause under BNS | Clause 349 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 1 year or Fine or Both |
| Triable | Police station/Any Magistrate |
Clause 349 of BNS clearly defines that - " Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves—
(a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark; and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or
(c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Clause 349 of the BNS provides a critical deterrent against counterfeit goods bearing fraudulent property marks. Consumers are protected from substandard products through the law, which penalises those who sell such items while protecting legitimate businesses' intellectual property rights. Maintaining the integrity of markets, fostering innovation, and ensuring consumer trust require the enforcement of this provision. In addition, it emphasises the need for rigorous regulatory measures and vigilant oversight in combating the global threat of counterfeiting, ultimately leading to a sustainable and fair marketplace for all.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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