Section 350 BNS: Making a False Mark upon Any Receptacle Containing Goods
Section 350 of the Bharatiya Nyaya Sanhita, 2023 deals with false marks placed on a case, package or other receptacle containing goods when the mark is capable of misleading a public servant or another person about the contents, absence of contents, or the true nature or quality of the goods.
Text of Section 350, Bharatiya Nyaya Sanhita, 2023
350. Making a false mark upon any receptacle containing goods.
(1) Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1).
Meaning and Essential Ingredients of Section 350 BNS
The provision covers both the creation of a prohibited false mark and the use of such a false mark. The mark must relate to a case, package or other receptacle containing goods and must be made in a manner reasonably calculated to create a false belief about what the receptacle contains, whether it contains goods at all, or the nature or quality of those goods.
A distinctive feature of Section 350 is the statutory qualification concerning intent to defraud. The provision states that the person is punishable unless he proves that he acted without intent to defraud. This wording should be read with the general principles and procedural safeguards applicable under the BNS, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023.
What conduct is covered?
In practical terms, the section may apply where a false mark on packaging or another receptacle is capable of making a public servant or another person believe that the receptacle contains goods that are not actually inside it, does not contain goods that are actually inside it, or contains goods of a different nature or quality from the real goods.
Punishment, Cognizability, Bail and Trial Court
| Provision | Section 350(1) and Section 350(2), Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Punishment | Imprisonment of either description for up to three years, or fine, or both |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Trial court | Any Magistrate |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both Section 350(1) and Section 350(2) as non-cognizable and bailable offences triable by any Magistrate.
Earlier Position under the Indian Penal Code
Before the Bharatiya Nyaya Sanhita came into force, substantially corresponding conduct was dealt with under Sections 487 and 488 of the Indian Penal Code, 1860. Section 350 BNS now places the making of the false mark and the use of such a mark within the same numbered provision through sub-sections (1) and (2).
The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, subject to the separate commencement treatment of Section 106(2). Questions concerning conduct occurring before July 1, 2024 may therefore require consideration of the repeal and savings provisions and the law applicable on the date of the alleged act.
Related BNS Provisions
For the surrounding scheme on property marks, see Section 345 BNS - Property mark, Section 346 BNS - Tampering with property mark, Section 347 BNS - Counterfeiting a property mark, Section 348 BNS - Instrument for counterfeiting a property mark and Section 349 BNS - Selling goods marked with a counterfeit property mark.