Section 486 · Section 486. Selling goods marked with a counterfeit property mark
1[Whoever sells, or exposes, or has 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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1. Subs. by s. 135 and the Sch., ibid., for certain words (w.e.f. 25-11-1959).
The offence at a glance
- Punishment
- up to 1 years, fine (no stated ceiling)
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Compoundable
- Compoundable with the court's permission
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
In the new law
IPC 486BNS 349
349. Selling goods marked with a counterfeit property mark.
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How this section has changed
The law that applies is the law as it stood on the date of the offence — which is why this timeline matters.
- 1959In force from:
Substituted (1959)
By s. 135 and the Sch., ibid ., for certain words (w.e.f. 25-11-1959). With effect from 25-11-1959. The amending act is cited as "ibid." in the source and is not recoverable from this section alone.
The text in force on the date of the offence is the text that applies — a later amendment does not reach back.