Indian Penal Code (IPC) S. 486. Selling goods marked with a counterfeit property mark.
[i][486. Selling goods marked with a counterfeit property mark.—[ii][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.]
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More details about this Section |
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Cognizable or not? |
Non-cognizable |
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Whether Bailable? |
Bailable |
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Compoundable or not? |
Compoundable by the person to whom loss or injury is caused by such use. |
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Triable by whom? |
Any Magistrate |
Indian Penal Code (IPC) – Index of All Sections
[i] Substituted by Act 4 of 1889, S. 3, for the original section.
[ii] Substituted by Act 43 of 1958, S. 135 and Sch. for “Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade mark or property mark” (w.e.f. 25-11-1959).
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