Chapter XII - Offences, Penalties and Procedure
Section 109
Section 109: omitted provision
Section 109, formerly concerning penalty for falsification of register entries, is omitted. This page records its status and directs readers to the applicable current framework.
On this page
Need advice on Section 109?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
[Omitted.]
Current status and amendment
The official India Code consolidation as on 1 June 2026 records omission by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), section 2 and Schedule, with effect from 1 August 2024.
What this means for a business
This former penalty provision is omitted. That status does not make all comparable conduct lawful or erase every possible liability under another provision or law. For older events, assess the relevant amendment, savings and applicable dates. Current section 107 and sections 112A–112B have their own distinct penalty framework.
Historical records and current decisions
The former subject was: Penalty for falsification of register entries. An omitted section number remains useful when tracing old records, but it must not be presented as an operative present-day rule.
Hypothetical example: An old compliance note quotes punishment under this section. The business identifies the date of the alleged conduct and obtains advice on the applicable current or historical law rather than repeating the omitted penalty.
Practical review steps
Record the dates of the conduct, application, order or proceeding.
Locate the official amendment and any applicable savings or transition provisions.
Identify the currently competent authority and the substantive provisions governing the specific issue.
Practical checklist
Do
- Distinguish an omitted provision from an operative section.
- Keep dated historical records when the old law may matter.
- Check current law and any transition provisions for the particular facts.
Avoid
- Do not quote this omitted penalty as the current punishment or assume omission defeats every other legal claim.
Glossary
- Omitted provision
- A provision removed from the operative text by an amending enactment.
- Transitional issue
- A question about which law or procedure applies to events or proceedings spanning the legislative change.
Frequently asked questions
Is section 109 currently an operative rule?
The cited consolidation marks it omitted with effect from 1 August 2024.
Why keep a page for an omitted section?
It explains the numbering gap and helps readers recognise outdated references without presenting the old rule as current law.
Does omission settle every historical or related issue?
No. The event date, amendment, relevant savings and other applicable law must be checked.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026