(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).
Simplified Explanation
Section 350 of the Bharatiya Nyaya Sanhita 2023 addresses the offense of making a false mark upon any receptacle containing goods. The section criminalizes the act of marking a case, package, or other receptacle with a false mark to mislead others, particularly public servants, regarding the contents of the receptacle.
Key Provisions of Section 350:
False Marking of a Receptacle:
- Whoever makes a false mark on any case, package, or other receptacle containing goods, with the intention to deceive or mislead another person (such as a public servant), commits an offense.
- The false mark must be calculated to mislead someone into believing:
- The contents of the receptacle are different from what they actually are (either in nature or quality).
- The receptacle either contains goods that it does not, or does not contain goods that it does.
Defense:
- A defense is available if the person can prove they acted without intent to defraud.
Punishment:
- If the person is found guilty and cannot prove that they acted innocently, the punishment may include:
- Imprisonment of either description for a term that may extend to three years,
- Or a fine,
- Or both imprisonment and fine.
Use of a False Mark:
- The section also criminalizes the use of a false mark in any manner prohibited under sub-section (1). The punishment for using such a false mark is the same as that for making the false mark (i.e., imprisonment, fine, or both).
Summary:
Section 350 targets the act of fraudulently marking goods receptacles to mislead others about the nature, quality, or existence of the goods inside. This can involve both marking the receptacle falsely or using such a false mark inappropriately. The penalty for such offenses can be up to three years of imprisonment, a fine, or both, unless the person can prove they did not intend to defraud.
Purpose:
This section aims to protect the public and authorities from being misled about the contents or nature of goods by penalizing false marking on packaging. The law provides safeguards against intentional deception, ensuring that individuals are held accountable when they engage in fraudulent practices.
