Only the person who counterfeited a property mark can be punished for it.

Sellers who knowingly or carelessly sell goods bearing a counterfeit mark can also be punished, unless they prove they acted properly.

Indian Penal Code, 1860

Section 486

repealed

Selling goods marked with a counterfeit property mark

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:§

Why this exists

This section extends legal responsibility down the supply chain -- not just to whoever counterfeited a property mark, but to sellers who deal in falsely marked goods. It puts a duty of diligence on sellers to check the marks on goods they're selling, since buyers ultimately rely on sellers as the last checkpoint before a purchase. The IPC was repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023, which now governs these offences.

Common misconceptions

Myth: Only the person who counterfeited a property mark can be punished for it.
Fact: Sellers who knowingly or carelessly sell goods bearing a counterfeit mark can also be punished, unless they prove they acted properly.