Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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).
Brief Detail
BNS Section 350 deals with the offense of making a false mark on any case, package, or receptacle containing goods in a way that may mislead public servants or others about the true contents.
Question & Answers
Q1: What is considered a false mark under this section?
A1: A false mark is any marking on a receptacle that misrepresents its actual contents, leading others to believe the receptacle contains something it does not or misrepresenting the quality or nature of the goods.
Q2: What are the penalties for making a false mark under Section 350?
A2: The punishment includes imprisonment for up to three years, a fine, or both, unless the person can prove they acted without intent to defraud.
Q3: Can a person be punished for using a false mark created by someone else?
A3: Yes, anyone using a false mark in the manner prohibited by this section will face the same punishment as the person who originally made the false mark.
Q4: How can someone avoid punishment under this section?
A4: To avoid punishment, the accused must prove that they acted without the intent to defraud, despite making or using the false mark.
Example
If a supplier falsely marks a package to show it contains a higher quality of goods than it actually does, leading buyers to believe they are receiving premium items, they may be penalized under Section 350.
Summary
Section 350 of the Bharatiya Nyaya Sanhita covers the creation and use of false marks on packages and receptacles containing goods, with penalties for misleading others about the true contents or quality.
