DELHI HIGH COURT REFERS TO BHARTIYA NAGRIK SURAKSHA SANHITA FOR FIRST TIME WHILE DEALING WITH FORGERY IN TRADEMARK DISPUTE

The Delhi High Court in the case M/S KG Marketing India v. MS. Rashi Santosh Soni And Anr. observed and has referred to Bhartiya Nagrik Suraksha Sanhita, 2023, BNSS for the first time after it came into effect on July 01, while dealing with the issue of forgery and fabrication of documents by a party in a trademark infringement dispute.

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The bench headed by Justice Prathiba M Singh in the case was dealing with the suit filed wherein two newspaper advertisements relied upon by the plaintiff, KG Marketing, were forged and fabricated.

The court observed that the fabrication was admitted by the entity’s proprietor in both his affidavits and the statement given by him.

The bench headed by Justice Singh in the case observed and has stated that the fabrication of the newspapers was done for the purpose of the suit.

The court also stated that in these proceedings, since the application was pending when the new statutes Bharatiya Nyaya Sanhita, BNS 2023 and Bharatiya Nagarik Suraksha Sanhita, BNSS 2023 were enacted, the said matter would continue under the erstwhile Code itself. The same is also clear from Section 531 of the ₹Bhartiya Nagrik Sakshya Sanhita.