He will, however, be not liable if he proves (a) that, having taken all reasonable precautions against committing an offence against this section, he had no reason to suspect the genuineness of the mark at the time he committed the alleged offence, 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.
The section requires that the offender must either sell, or expose, or have in his 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. The offender is not guilty if he proves (a) that he had taken all reasonable precautions against committing this offence and at the relevant time he had no reason to suspect the genuineness of the mark, and (b) that when demanded by the prosecutor or someone on his behalf, he gave all the information that he could with regard to from whom did he obtain such goods or things, or (c) that he had acted innocently. The burden of proof of the defence is on the accused, and the use of the word ‘and’ between (a) and (b) clauses and ‘or’ between (b) and (ñ) show that for the defence to succeed (a) has got to be proved always along with either (b) or (c). Punishment of the possession shows that preparation to commit a crime has been made an offence under this section.
The offence under this section is non-cognizable, bailable and compoundable when permitted by the court trying the case, and is triable by any magistrate.