Yes, making or selling counterfeit goods is a crime in India. Under Trade Marks Act s.103 and s.104 it carries 6 months to 3 years' imprisonment and a fine of Rs 50,000 to Rs 2 lakh. Brand owners stop fakes by gathering evidence through market surveys and test purchases, then using police raids, civil court seizure orders and platform takedowns.
Key takeaways
- Counterfeiting is a cognizable offence under the Trade Marks Act and the Copyright Act.
- Police search and seizure for trade mark offences needs a DSP-rank officer and the Registrar's opinion (s.115).
- Market surveys and test purchases are lawful when done openly as a buyer, with proper records.
- Delhi and other High Courts grant ex parte seizure (Anton Piller) and John Doe orders.
- Online fakes are tackled through platform IP complaint tools and, if needed, court orders.
Is selling counterfeit products a crime in India?
Yes. Applying a false trade mark is punishable under s.103 of the Trade Marks Act, 1999, and selling, hiring out or possessing for sale goods with a false trade mark is punishable under s.104. Both carry imprisonment of six months to three years and a fine of Rs 50,000 to Rs 2 lakh, with higher minimums for repeat offenders under s.105. A court may impose less than the minimum for adequate and special reasons recorded in writing. Under s.115(3), these offences are cognizable.
Where the fake copies protected artwork, packaging designs, software or labels, the Copyright Act, 1957 also applies: knowingly infringing copyright is an offence under s.63, with similar penalty ranges. Selling fakes to consumers as genuine can additionally amount to cheating under BNS s.318, and fake medicines, food and cosmetics attract separate drug and food safety laws.
This guide focuses on detecting and stopping fakes in the field. The legal case itself, including passing off, deceptive similarity and civil remedies, is covered in our guide to trademark infringement in India.
How to identify counterfeit products
For consumers, warning signs include a price far below the normal retail price, spelling errors or blurred printing on packaging, missing batch numbers, MRP or manufacturer address (mandatory under the Legal Metrology packaging rules), poor stitching or finish, and sellers who refuse a proper GST invoice. Many brands now use QR codes, holograms or serial-number checks on their own websites; scan them, but check that the QR leads to the brand's real domain.
For brand owners, the signals are commercial: a fall in sales in one region while category demand holds, distributor complaints about undercutting, warranty claims for products you never shipped, and customer complaints about quality. Every one of these should trigger a structured market survey.
How do market surveys and test purchases work?
A market survey maps where fakes are being sold, by whom, and in what volume. Investigators visit wholesale and retail markets in target cities, note shop names, GST numbers and addresses from boards and invoices, photograph shop fronts from public areas, and trace supply back to godowns and manufacturing units through lawful enquiries.
A test purchase is buying the suspected fake as an ordinary customer, paying, and asking for an invoice. It is lawful when the buyer does not induce the seller to commit an offence they were not already committing, does not impersonate police or officials, and does not trespass. Good practice:
- Buy in the normal course of business, as any customer would.
- Keep the invoice, payment proof (UPI or card) and a note of date, time, place and seller.
- Seal and label the product immediately, with signatures of the purchaser and a witness.
- Send it to the brand's technical team for a written comparison with genuine stock.
- Record the chain of custody until it reaches court or police.
Covert video recording inside private premises, impersonating officials, or paying bribes for information are not acceptable and can make the evidence useless.
How to stop counterfeit products: enforcement options compared
| Route | Best for | Key requirement | Outcome |
|---|---|---|---|
| Police raid under Trade Marks Act s.115 | Godowns, factories, wholesalers with stock | Complaint, evidence, officer not below DSP, Registrar's opinion | Seizure, arrest, criminal prosecution |
| Copyright Act s.64 seizure | Copied labels, packaging, artwork | Police sub-inspector or above satisfied of infringement | Seizure of infringing copies and plates |
| Civil suit with local commissioner (Anton Piller-type) order | Known infringer, risk of stock being hidden | Strong prima facie case, urgency | Ex parte inspection and seizure, injunction, damages |
| John Doe (Ashok Kumar) order | Unknown or many sellers in a market | Evidence of widespread sale by unidentified persons | Injunction against unnamed defendants, enforced on the spot |
| Customs recordal | Imported fakes | Register rights under the IPR (Imported Goods) Enforcement Rules, 2007 | Goods held at the port |
| Platform takedown | Online listings | Trade mark registration, proof of infringement | Listings removed, seller action |
Large brands usually combine routes: a civil order against the main manufacturer and police action against wholesalers, followed by regular online sweeps.
How does a police raid against counterfeiters work?
Section 115(4) allows a police officer not below the rank of Deputy Superintendent of Police (or equivalent) to search and seize without a warrant, but the officer must first obtain the opinion of the Registrar of Trade Marks on the facts and abide by it. In practice, the brand's lawyer files a detailed complaint with trade mark certificates, survey reports, test-purchase samples and the technical comparison, and the police follow the statutory process.
During the raid, the brand representative identifies fake stock, and police prepare a seizure memo (panchnama) with independent witnesses. Representatives should not handle or remove stock themselves. Raids on shops with only a few pieces are rarely worth it; aim at the godown or manufacturing point the survey has identified.
How to report counterfeit products sold online
Major marketplaces in India host many independent sellers. Fakes do get listed on large platforms from time to time, which is why each runs an IP complaint or brand registry programme. Brand owners with registered trade marks should enrol and use those tools, which allow takedown of listings and repeat-infringer action.
The Consumer Protection (E-Commerce) Rules, 2020 require marketplaces to display seller details and have grievance officers, and the IT intermediary rules require platforms to act on complaints. If a seller reappears under new names, a court order directing the platform to disclose seller details and remove listings is often the next step.
Consumers who receive a fake should complain to the platform with photos and the invoice, and to the National Consumer Helpline (1915 or consumerhelpline.gov.in). If you were deceived into paying through a fake website or payment link, also report it at cybercrime.gov.in or 1930; see our guide on online shopping fraud.
What does a brand protection programme in India include?
- Register rights in all relevant classes, including logos, packaging and the Hindi or regional-language versions of the mark.
- Record with customs if fakes are imported.
- Map risk: products and cities where fakes are most profitable.
- Run periodic market surveys and online monitoring.
- Verify the supply chain: leaks often come from packaging printers, contract manufacturers or ex-employees. Our guide to vendor and supplier verification covers the checks.
- Train distributors to report undercutting and fake stock.
- Act consistently, so the market knows enforcement follows.
If fakes are made from your own moulds, designs or formulae, treat it as a possible insider leak too; our guide to corporate espionage and trade secret theft explains how to respond.
How can a private investigator help with brand protection?
Investigators provide the groundwork lawyers and police need: market surveys across cities, test purchases with clean documentation, tracing of godowns and units, identification of the people behind GST registrations and shell firms through public records, and reports that can be filed with a complaint or suit. They work openly as buyers and through lawful enquiries; they do not conduct raids themselves, which only police or court-appointed commissioners can do. Brand owners can engage experienced professionals in major trading hubs such as Delhi and Mumbai through our corporate investigation service.
Bottom line
Counterfeiting is a serious, cognizable crime, but enforcement succeeds only with good evidence. Map the market, make documented test purchases, trace supply to its source, and then pick the right tool: police raid, civil seizure order, John Doe order, customs or platform takedown. Keep every step lawful so the evidence holds up.
Sources & official links
This guide is general information, not legal advice. Laws and procedures change, and every case is different — speak to a lawyer about your situation. In an emergency, call 112.