Sections 119 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The last three sections of the offences chapter are short and each does one thing. Section 119 protects an enforcement officer from being compelled to reveal the source of information. Section 120 lets a person in India be tried for abetting, from India, an act done outside India that would be an offence here. Section 121 lets the Central Government tell criminal courts what variation in number, quantity, measure, gauge or weight is permissible. If you face a cross-border issue, a legal consultation is a sensible first step.
An officer of the Government who takes part in enforcing the Chapter cannot be compelled in any court to say whence he got any information about an offence. A person within India who abets an act outside India that would be an offence under the Act may be tried anywhere in India where he is found and punished as if he had done the act there. The Central Government may issue notified instructions on permissible variation in goods.
Section 119: information as to commission of offence
The text: "An officer of the Government whose duty it is to take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act."
| Element | Text |
|---|---|
| Who | An officer of the Government whose duty it is to take part in enforcing "this Chapter" |
| What is protected | Where he got any information about the commission of an offence against the Act |
| Where | In any court |
| Rule | He shall not be compelled to say |
Three points follow from the words:
- The protection is for officers of the Government with an enforcement duty under the Chapter. It does not on its terms cover a private brand owner or investigator.
- It protects the source of the information, "whence he got" it. It does not say that the information itself cannot be used.
- It says "shall not be compelled", which is a protection against compulsion; the section does not stop an officer from choosing to disclose.
The section does not state a penalty or a procedure. It is an evidence rule within the offences chapter, along with section 116 on origin of imported goods; see sections 116–118.
Example. A trade mark officer receives a tip from a distributor's employee that a godown is packing counterfeit goods. When the matter reaches court, the defence asks who gave the tip. Section 119 says the officer shall not be compelled to answer.
Section 120: abetment in India of acts done out of India
The text: "If any person, being within India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may be tried for such abetment in any place in India in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted."
| Element | Meaning |
|---|---|
| Person | Any person being within India |
| Conduct | Abets the commission, without India, of an act |
| Test | The act, if committed in India, would be an offence under this Act |
| Where tried | Any place in India in which he may be found |
| Punishment | The punishment to which he would be liable if he had himself committed in that place the act which he abetted |
So the section reaches a person in India who helps, encourages or arranges from India an act which would be an offence under the Act if it were done here, even if the act itself takes place abroad. A trial can be held wherever the person is found within India.
Example. Mishra Exports, based in Delhi, instructs a manufacturer overseas to apply a well-known Indian brand on goods made there, which would fall under the false-trade-mark offences if done in India. The act is done abroad. Mishra, being within India and having abetted it, may be tried in any place in India where he is found.
Points to note
- The section speaks of "any act which, if committed in India, would, under this Act, be an offence". After the Jan Vishwas Act, 2023, some contraventions, such as under section 107(2), carry a penalty and not imprisonment; see sections 106–109. The text we read does not amend section 120. The offences listed in sections 103–105 remain the most direct examples.
- The Act does not define "abets" in this section. Where the Indian Penal Code, 1860 is the source of that word, note that from 1 July 2024 it was replaced by the Bharatiya Nyaya Sanhita (BNS); we give no new section numbers, and the section does not cite the Code.
- The section does not say who may complain or whether the Registrar's complaint or opinion is needed; for cognizance and search, see section 115.
Section 121: instructions as to permissible variation
The text: "The Central Government may, by notification in the Official Gazette, issue instructions for the limits of variation, as regards number, quantity, measure, gauge or weight which are to be recognised by criminal courts as permissible in the case of any goods."
| Element | Text |
|---|---|
| Who | The Central Government |
| How | By notification in the Official Gazette |
| What | Instructions for the limits of variation, as regards number, quantity, measure, gauge or weight |
| For whom | To be recognised by criminal courts as permissible |
| Scope | "In the case of any goods" |
The section matters where a charge turns on a false trade description of number, quantity, measure, gauge or weight. A small variation within the notified limits is recognised as permissible. The section itself states no limit; any limit would be in a notification, which we have not read. If you need a particular limit, look for the Gazette notification in the official source.
Practical points
- Exporters and agents should not assume that acting from India for an overseas act is safe; section 120 may apply.
- Enforcement officers need not name a source, but brand owners should keep their own records of how they learned of a counterfeit.
- Packers should check whether a notification on permissible variation exists for their goods.
- Do not treat these sections as general immunity or general liability; each does one narrow thing.
Need help with a cross-border counterfeit issue?
If your business instructs, supplies or finances work done overseas, or you are a brand owner tracking such activity, the reach of section 120 is worth understanding before you act. Our legal consultation service can look at your arrangements and set out the options.
Key takeaways
- Section 119: a Government officer enforcing the Chapter cannot be compelled in court to reveal the source of information.
- Section 120: abetment from within India of an act abroad that would be an offence here can be tried anywhere in India where the person is found.
- Section 121: the Central Government may notify limits of permissible variation in number, quantity, measure, gauge or weight.
- None of the three states a fine, term or time limit of its own.
Read next
- Sections 122–123: protection of action in good faith and public servants
- Sections 116–118: evidence of origin, costs and limitation of prosecution
- Penalties for using false trade marks: sections 101–102
- Criminal offences under the Trade Marks Act: sections 103–105
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.